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HomeMy WebLinkAbout07-125 Resolution No. 07-125 RESOLUTION AUTHORIZING EXECUTION OF A REAL ESTATE AGREEMENT WITH THE COLUMBINE HOMEOWNERS ASSOCIATION (Columbine Drive-Bowes Road Redesign Project) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Ed Schock, Mayor, and Jennifer Quinton, Acting City Clerk, be and are hereby authorized and directed to execute a Real Estate Agreement on behalf of the City of Elgin with the Columbine Homeowners Association for the Columbine Drive-Bowes Road Redesign Project,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: May 23, 2007 Adopted: May 23, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Jennifer Quinton Jennifer Quinton, Acting City Clerk REAL ESTATE AGREEMENT This Real Estate Agreement is made and entered into as of this 23rd day of May, 2007, by and between the City of Elgin, Illinois, an Illinois municipal corporation (hereinafter referred to as the "City") and the Columbine Homeowners Association, an Illinois not-for-profit corporation,-organized existing under the laws of the State-of Illinois(hereinafter referred to as the "Association"). WITNESSETH WHEREAS, the Association is an association of homeowners of the Columbine Subdivision located generally north of Bowes Road and west of Randall Road in Elgin, Kane County, Illinois, such Columbine Subdivision being legally described in Exhibit A attached hereto (such Columbine Subdivision is hereinafter referred to as the "Columbine Subdivision"); and WHEREAS, the Association and the City have agreed that the current intersection of Columbine Drive and Bowes Road should be redesigned by providing in part for a cul-de-sac of Columbine Drive north of Bowes Road and the extension of Shasta Daisy Drive, all as set forth in the drawing of such redesign entitled "Option 3" attached hereto and made a part hereof as Exhibit B (such redesign of the Columbine Drive and Bowes Road intersection as set forth in Exhibit B attached hereto is hereinafter referred to as the "Subject Columbine Drive-Bowes Road Redesign"); and WHEREAS, the Association has agreed to convey and dedicate to the City the property necessary for the Subject Columbine Drive-Bowes Road Redesign; and WHEREAS, the Association and the City desire to provide for the Subject Columbine Drive-Bowes Road Redesign pursuant to the terms,and provisions of this agreement. NOW, THEREFORE, for and in consideration of mutual undertakings as set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Incorporation of Recitals. The foregoing recitals are incorporated into this agreement in their entirety. 2. Agreement To Convey. The Association agrees that upon the terms set forth herein to convey to the City title to those portions of the property known as Lot 119 in the Columbine Subdivision, being depicted and legally described in Exhibit C attached hereto, (such portions of Lot 119 to be conveyed by the Association to the City are hereinafter collectively referred to as the "Real Estate"), by a recordable warranty deed with a release of homestead rights, and by a plat of dedication, subject only to: general real estate taxes for the year 2006 and subsequent years. The parties agree that the City shall pay no purchase price to the Association for the Real Estate it being agreed and understood that the consideration for the Real Estate is the other undertakings of the City pursuant to this agreement. 3. Survey. Prior to the Closing, the City shall obtain any survey of the Real Estate it requires. 4.- Cog of ( Closing"or"Coring ate")-shall-be onsr are — June 29, 2007, or such other date as may hereafter be agreed to by the parties, or on the date, if any, to which such time is extended by reason of Section 7 hereafter becoming operative. Unless subsequently mutually agreed otherwise, Closing shall take place at the office of Chicago Title Insurance Company, provided title is shown to be good or is accepted by the City. 5. Commissions. The Association and the City each warrant to the other that they have dealt with no real estate broker in connection with this transaction. Each party agrees to indemnify, hold harmless and defend the other party from any loss, costs, damages or expense (including reasonable attorney's fees) arising out of a breach of the warranty contained in this Section 6. 6. Title. The City shall obtain not less than ten (10) days prior to the Closing, at City's expense, a title commitment for a 1970 ALTA owner's title insurance policy issued by Chicago Title Insurance Company (the "Title Company") in the minimum amount of insurance and including extended coverage over the so-called "general exceptions" to the Policy, covering title to the Real Estate on or after the date hereof, showing title in the intended grantor subject only to (a) the title exceptions set forth in Section 2 above, (b) title exceptions pertaining to liens or encumbrances of a definite or ascertainable amount which may be removed by the payment of money at the time of Closing and which the Association shall so remove at that time by using the funds to be paid upon the delivery of the deed, (c) acts of the City and all parties acting through or for the City and (d) zoning laws, statutes and ordinances. At Closing, the Association also shall furnish the City an affidavit of title in customary form covering the date of Closing and showing title in the Association subject only to the Permitted Exceptions. 7. Title Clearance. If the title commitment or plat of survey discloses either unpermitted exceptions or survey matters that render the title not in conformance with the provisions of this agreement (herein referred to as "survey defects"), the Association shall have thirty (30) days from the date of delivery thereof to have the exceptions removed from the commitment or to correct such survey defects or, if the City so approves in writing, to have the Title Company commit to insure against loss or damage that may be occasioned by such exceptions or survey defects, and, in such event, the time of Closing shall be twenty (20) days after the delivery of the commitment or the time expressly specified in Section 4 hereof, whichever is later. If the Association fails to have the exceptions removed or correct any survey defects, or in the alternative, to obtain the commitment for title insurance specified above as to such exceptions or survey defects (if the City so approves in writing) within the specified time, the City may terminate this Contract or may elect, upon notice to the Association within ten (10) days after the expiration of the 30-day period, to take title as it then is. If the City does not so elect, this Contract shall become null and void without further actions of the parties. 2 8. Prorations. General taxes shall be adjusted ratably as of the time of Closing. If the amount of the current general taxes is not then ascertainable, the adjustment thereof, except for that amount which may accrue by reason of new improvements, shall be on the basis of 105% of the amount of the most recent ascertainable taxes, subject to reproration when the amount thereof becomes ascertainable. The Association shall pay the amount of any stamp tax imposed bby^,stattRe*o+r county law or local ordinance on the transfer of title, if any, and furnish*a completed a atf+T f - laratrsrr�by t e--As-setia�tierFor-the-ASso ior&iagent=Ill Ales 1 71111_ required pursuant to the Real Estate Transfer Tax Act of the State of Illinois, and shall furnish any declaration signed by Association or Association's agent or meet other requirements as established by any county or local ordinance with regard to a transfer or transaction tax. 9. Association Warranties: The Association represents and warrants to City as follows: (a) The Association is not a "foreign person" within the meaning of Section 1445 of the Internal Revenue Code. At closing, the Association shall deliver to the City a certificate of non-foreign status. (b) There are no existing leases affecting the Real Estate. (c) There are no existing contracts or options to purchase the Real Estate. (d) There exists no management agreement, exclusive brokerage agreement or service agreement of any kind relative to the Real Estate that will continue in force beyond the closing date. (e) As of the Closing Date, the Real Estate will be vacant and unoccupied. (f) To the best of the Association's knowledge, there are no underground storage tanks on the Real Estate. (g) To the best of Association's knowledge, neither the improvements on the Real Estate nor the Real Estate contain any friable asbestos and no polychlorinated biphenyls (PCBs) are located in, on or under the Real Estate (including, without limitation, in, on or under any equipment located thereon). (h) To the best of the Association's knowledge, no hazardous materials or substances have been located on the Real Estate or have been released into the environment, or discharged, placed or disposed of, at or under the Real Estate. (i) To the best of the Association's knowledge, the Real Estate has never been used as a dump for waste material. (j) To the best of The Association's knowledge, the Real Estate and its prior uses comply with and at all times have complied with any applicable governmental 3 law, regulation or requirement relating to environmental and occupational health and safety matters and hazardous materials or substances. 10. Condition of the Real Estate at Closing. The Association agrees and shall deliver to the City at Closing possession of the Real Estate including but not limited to all improvements thereon and appurtenances thereto in the same condition as it is at the date of this contract, -ordinaryweard=tear-exeepted —T-he-As3o ,Ta«on at its . . -... . ._- -- the Real Estate hereof all debris and the Association's personal property not conveyed by Bill of Sale to the City and shall deliver the Real Estate to the Purchase in broom clean condition. 11. Survival. All representations, warranties, indemnities and covenants made by the Association to the City under this Contract shall be deemed remade as of the Closing and shall survive the Closing, and the remedies for the breach thereof shall survive the Closing and shall not be merged into the closing documents. 12. Closing Documents. In addition to the deed, plat of dedication, affidavit of title, transfer declarations and other documents described in this Contract, the Association shall deliver or cause to be delivered to the City at Closing the following: (a) an ALTA statement signed by the Association; (b) waivers of or insurance over broker's lien claims by all real estate brokers involved in the transaction contemplated by this Contract; (c) a title policy or marked-up commitment in the amount of the purchase price, dated on the Closing Date, insuring title in the City or the City's nominee, in the condition required under Section 6; (d) a Plat Act Affidavit, if applicable; (e) a statement from the Association stating that any right of first refusal with respect to the Real Estate has been waived or that no right of first refusal exists with respect to the Real Estate; (f) a statement from the Association that states any Association assessments pursuant to the Illinois Condominium Act have been paid for the Real Estate through the Closing Date and that as of the Closing Date the Real Estate has been released from the assessment of any future condominium assessments; (g) a release in recordable form providing a release of any drainage and detention easement affecting the Real Estate; and (h) the original executed Easement Agreement in recordable form referred to in Section 26(b)hereof and attached hereto as Exhibit D. 4 13. Default. The Association and the City agree that, in the event of a default by either party the other party shall, prior to taking any such action as may be available to it, provide written notice to the defaulting party stating that they are giving the defaulted party thirty (30) days within which to cure such default. If the default shall not be cured within the thirty (30) days prior aforesaid, the party giving such notice shall be permitted to avail itself of remedies to which it may be entitled under this agreement. 14. Remedies. In the event that either party fails or refuses to carry out its obligations under this agreement the other party shall be free to pursue any available legal remedies at law or in equity. 15. Escrow. This sale shall be closed through an escrow (the"Escrow") with Chicago Title and Trust Company ("Escrowee"), in accordance with the provisions of the Deed and Money Escrow Agreement then in use by Escrowee, with such special provisions inserted in the escrow agreement as may be required to conform with this Contract. Upon the creation of such Escrow, payment of the purchase price and delivery of deed shall be made through the Escrow and the earnest money shall be deposited in the Escrow. The cost of the Escrow and any so- called "New York Style" closing fee shall be divided equally between the Association and the City. The City and the Association shall make all deposits into the escrow in a timely manner to permit the Escrowee to disburse the Escrow on the Closing Date. 16. Time. Time is of the essence of this Contract. 17. Manner of Payment. Any payments herein required to be made at the time of Closing shall be by certified check, cashier's check, City of Elgin check or wire transfer. 18. Notices. All notices herein required shall be in writing and shall be served on the parties at the addresses following their signatures. The mailing of a notice by registered or certified mail, return receipt requested, or personal delivery by courier service shall be sufficient service. Notices may also be served on the attorneys for the parties by use of a facsimile machine with proof of transmission and a copy of the notice with proof of transmission being sent by regular mail on the date of transmission. 19. Interpretation. This contract shall be construed, and the rights and obligations of the Association and the City hereunder, shall be determined in accordance with the laws of the State of Illinois without reference to its conflict of laws rules. 20. Failure to Enforce Provisions. The failure by a party to enforce any provision of this agreement against the other party shall not be deemed a waiver of the right to do so thereafter. 21. Amendments. This agreement may be modified or amended only in writing signed by the parties hereto, or their permitted successor or assigns, as the case may be. 5 22. Entire Agreement. This agreement contains the entire agreement and understanding of the parties herein, all prior agreements and undertakings having been merged herein and extinguished hereby. 23. Joint and Collective Work Product. This agreement is and shall be deemed and construed to be a joint and collective work product of the the City and the Association, and, as uoli this-ammgnt shall--not- =against-# o Pai#3;=as nz�o^*hers.�s� drafter of same, by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict, if any, and the terms or provisions contained herein. 24. Assignment. This agreement shall be binding on the parties hereto and their respective successors and permitted assigns. This agreement and the obligations hereunder may not be assigned without the express written consent of each of the parties hereto. 25. Uniform Vendor and Purchase Risk Act. The parties agree that the provisions of the Uniform Vendor and Purchase Risk Act of the State of Illinois (765 ILCS 65/1 et seq.) shall be applicable to this contract. 26. Miscellaneous. The parties further agree that as additional consideration for the conveyance of the Real Estate from the Association to the City as follows: (a) The City agrees that following the conveyance of the Real Estate from the Association to the City to provide for the Subject Columbine Drive-Bowes Road Redesign in general conformance with Exhibit B attached hereto and pursuant to final engineering plans as approved by the City Engineer. The costs of the Subject Columbine Drive-Bowes Road Redesign shall be the responsibility of the City. The Association hereby grants to the City temporary easements over the common areas of the Columbine Subdivision to allow the City, its agents and contractors to provide for the design and construction of the Subject Columbine Drive-Bowes Road Redesign and appurtenances thereto. Such temporary easement shall automatically expire upon the completion of the Subject Columbine Drive-Bowes Road Redesign Project. (b) The City agrees to maintain at its cost the revised detention pond and associated landscaping on the remaining portions of Lot 119 following the construction of the Subject Columbine Drive-Bowes Road Redesign. The City further agrees to maintain the northern detention pond located on Lot 117 in the Columbine Subdivision and the connecting storm sewer. The maintenance of such detention ponds, landscaping and the connecting storm sewer to the Lot 117 detention pond shall be performed by the City in conformance with applicable City ordinances and other application regulations of law. The Association hereby agrees to grant to the City easements for such purposes and for a 30 foot public utility easement over the north 30 feet of Lot 117 all as set forth in the Easement Agreement attached hereto as Exhibit D. Such Easement Agreement shall be recorded at the Closing of the conveyance of the Real Estate from the Association to the City. 6 (c) It is agreed and understood that as a result of the Subject Columbine Drive-Bowes Road Redesign Project that certain landscaping will be required on the remaining portions of Lot 119 and at the reconfiguration of the subdivision entrance at Bowes Road. The City agrees to provide for and to pay the costs of installing this landscaping as part of the Subject Columbine Drive-Bowes Road Redesign. The City and the Association agree that the landscaping to be provided for by the City as- -uf-the Subject bine BowesRead-Rede-sigly-shall= ems forth in the Columbine Drive Relocation Landscape Plan prepared by the City of Elgin Parks and Recreation Department dated March 28, 2007, attached hereto as Exhibit E. (d) The parties agree that no commercial traffic shall be routed onto Shooting Star Court and Mountain Laurel Court. If the parcel on Randall Road north of Nick's Pizza is developed as commercial use, the City agrees to the extent of its lawful authority to do so that there will be no access to these streets from that parcel. (e) Bluebell Lane within the Columbine Subdivision stubs to the subdivision's west limits towards the Pulte Edgewater Development. The parties agree to their extent of their lawful authority to do so that no traffic will be routed onto Bluebell Lane from the adjacent Edgewater Subdivision except for emergency vehicles. (f) The City agrees that following the completion of the construction of the Subject Columbine Drive-Bowes Road Redesign to conduct an engineering study as required by the Illinois Vehicle Code to determine whether the speed limits for all streets within the Columbine Subdivision should be 25 miles per hour. In the event the engineering study supports a 25 mile per hour speed limit for the streets in the Columbine Subdivision, the City agrees to adopt ordinances providing for such a 25 mile per hour speed limit for the streets in the Columbine Subdivision. (g) The City agrees to adopt ordinances and to provide for the installation of all way stop signs at the following intersections in the Columbine Subdivision: Columbine Drive and Fox Glove Court; Columbine Drive and Sweet Clover Court; Columbine Drive and Mountain Laurel Court. (h) It is further agreed between the City and the Association that the new intersection created with the relocated Shasta Daisy Drive and the unnamed street extending northward from Shasta Daisy Drive and terminating at Red Barn Lane will include a stop sign and a no right hand turn for westbound traffic from Shasta Daisy Drive to Red Barn Lane. The parties agree that the provisions of this Section 26 shall survive the Closing and the conveyance of the Real Estate from the Association to the City. 27. The parties understand and agree that the City intends to provide for the Subject Columbine Drive-Bowes Road Redesign by having the contractor for Sam's Club and Wal-Mart perform such improvements in conjunction with the contractor for Sam's Club and Wal-Mart 7 providing for improvements to Bowes Road and Randall Road in anticipation of the Sam's Club and Wal-Mart's development to the south. This Agreement is subject to and contingent upon Sam's Club and Wal-Mart proceeding with improvements to Bowes Road and Randall Road in anticipation of the Sam's Club and Wal-Mart development to the south. In the event Sam's Club and Wal-Mart do not proceed with improvements to Randall Road and Bowes Road, the City may at its option terminate this agreement upon written notice to the Association. In the event of such a termination of this agreement by the City, this agreement shall be terminated and null and void without further obligations of the parties hereto. In the event the Association has previously conveyed the Real Estate to the City prior to such a termination, the City shall within thirty (30) days of the termination of this agreement reconvey the Real Estate to the Association subject to the same matters of title in the conveyance from the Association to the City and shall record a release of the grants of easement provided for in the Easement Agreement attached hereto as Exhibit D. IN WITNESS WHEREOF, the parties have hereto have entered into and executed this real estate agreement on the date and year first written above. CITY OF ELGIN COLUMBINE HOMEOWNERS ASSOCIATION By obe By Mayor Attest: Its: r.z.)e _ LO . _.,.. Attest *__ City • erk Its. 150 Dexter Court 7s6 Co.to+,8i.JF Ael vE Elgin, Illinois 60120-5555 e ,J /4. 6oi2 Attention: City Manager with a copy of any notice to: with a copy of any notice to: William A. Cogley Thomas M. Hartwell Corporation Counsel Attorney at Law City of Elgin 929 North LaFox Street 150 Dexter Court South Elgin, Illinois 60177 Elgin, IL 60120-5555 Phone: 847-289-1300 Phone: 847-931-5659 Facsimile: 847-289-1272 Facsimile: 847-931-5665 F:\Legal Dept\Real Estate\RE-Contract-Columbine-Lot 119-Clean 5-15-07.doc 8 EXHIBIT A Legal description of Columbine Subdivision Columbine Subdivision,being a subdivision of part of the Northwest Quarter of Section 28, Township 4 - r�th;ItAnge$-E df the'ThifdrP n- the-Cif ooElgin, Kane County, Illinois, recorded on October 20, 1995, as document number 95K063055. 9 EXHIBIT B Subject Columbine Drive-Bowes Road Redesign 10 EXHIBIT B Q - - Y N O N za_ } 4 L[J€J O COLUMBINE DRIVE :(4,11 IL w���, Q N , v' 1 N ti I A H U • tl • r • ffa s r Kt I z EXHIBIT C Legal description of portions of Lot 119-Columbine Subdivision being conveyed by the Association to the City.smismr 74111+151E HA OT 111*,okCOLUMNINE SUINMWSION, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 41 NOM, RANGE $ EAST, OF TIME THIRD PRINCIPAL MERIDIAN IN THE CITY OF ELGIN, KANE COUNTY, IWNOIS, AS RECORDED OCTOBER 20, 1998, IN DOCUMENT NO. 98K083066, DESCRIED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER R OF SAID LOT 119; THENCE N88'49'04*E 230.28 FEET ALONG THE SOUTH LINE OF SAID LOT 119 AND THE NORTH RIGHT-OF-WAY LINE OF BOLES ROAD/COUNTY HIGHWAY 17 TO THE SOUTHEAST CORNER OF SAID LOT 119; THENCE NOO'56'14'W 1.00 FOOT ALONG THE EAST LINE OF SAID LOT 119 ANO THE WESTERLY RIGHT-OF-WAY LINE OF COLUMBINE DRIVE FOR A KAM t THENCE 183.94 FEET ALONG THE ARC OF A 65.00 FOOT RADIUS NON-TANGENTIAL CIRCULAR CURVE TO THE RIGHT AND CONCAVE TO NE EAST, WITH A CENTRAL ANGLE OF 182'08'09", HAVING A CHORD WHICH BEARS NO3'44•22"E 128.42 FEET TO AFORESAID WESTERLY RIGHT-OF-WAY LINE OF SAID COLUMBINE DRIVE; THENCE 508'36'14"W 63.06 FEET ALONG THE EAST LINE OF SAID LOT 119 AND NE WESTERLY RIGHT-OF-WAY LINE OF SAID COLUMBINE DRIVE; THENCE S00•55'14'E 65.81 FEET ALONG THE EAST LINE OF SAID LOT 119 AND THE WESTERLY RIGHT-OF-WAY LINE OF SAID COLUMBINE DRIVE TO THE PLACE OF BEGINNING, CONTAINING 0.11 ACRES OF LAND, MORE OR LESS. "1111001A Br1DY Blrb[ NOI3ATlet' NAT PART OF LOT 119. COLUMBINE SUBDIVISION, BEING A SUBDIVISION OF PART OF NE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 41 NORTH, RANGE 8 EAST, OF THE THIRD PRINCIPAL MERIDIAN IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS, AS RECORDED OCTOBER 20, 1995, IN DOCUMENT NO. 98K063055, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 119; THENCE N88'49'04'E 3.89 FEET ALONG THE SOUTH LINE OF SAID LOT 119 AND THE NORTH RIGHT-OF-WAY LINE OF BONES ROAD/COUNTY HIGHWAY 17 FOR A PLACE OF BEGMNtO; THENCE N43'49'29'E 14.14 FEET; THENCE NO1'10'08"W 52.72 FEET; THENCE 63.39 FEET ALONG THE ARC OF A 59.00 FOOT RADIUS CIRCULAR CURVE TO THE RIGHT AND CONCAVE TO THE SOUTHEAST, WITH A CENTRAL ANGLE OF 61.33'20', HAVING A CHORD WHICH BEARS N29'36'33'E 60.38 FEET; THENCE N80•23'12'E 108.71 FEET; THENCE N00'36'20'W 31.99 FEET TO THE SOUTHERN RIGHT-OF-WAY LINE OF RED BARN LANE; THENCE 14.66 FEET ALONG THE ARC OF A 230.00 FOOT RADIUS NON-TANGENTIAL CIRCULAR CURVE TO THE LEFT AND CONCAVE TO THE NORTH, WITH A CENTRAL ANGLE OF OT39'011`, HAVING A CHORD WHICH BEARS S89'OS'41'E 14.66 FEET ALONG NE NORTH LINE OF SAID LOT 119 AND THE SOUTH RIGHT-OF-WAY LINE OF SAID RED BARN LANE; THENCE N89•04'46'E 96.00 FEET ALONG THE NORTH LIE OF SAID LOT 119 AND THE SOUTH RIGHT-OF-WAY OF SAID RED BARN LANE TO THE NORTHEAST CORNER OF SAID LOT 119; THENCE 500"55'14"E 11.44 FEET ALONG NE EAST LINE OF SAID LOT 119 AND THE WESTERLY RIGHT-OF-WAY LINE OF COLUMBINE D RIVE; THENCE S09r36'14"W 30.90 FEET ALONG THE EAST LIRE OF SAID LOT 119 AND THE WESTERLY RIGHT-OF-WAY LINE OF SAID COLUMBINE DRIVE; THENCE S 021'01"W 195.85 FEET; THENCE 501'10'06"E 52.11 FEET; THENCE 546'10'31'E 14.14 FEET TO THE SOUTHERN LINE OF SAID LOT 119; THENCE S8r49•04"W 80.00 FEET ALONG NE SOUTH LINE OF SAID LOT 119 AND THE NORTH RIGHT-OF-WAY LINE OF SAID BONES ROAD/COUNTY HIGHWAY 17 TO THE PLACE OF BEGINNING, CONTAINING G 0.43 ACRES OF LAND, MORE OR LESS. EXHIBIT D This Instrument Prepared By and Return After Recording to: William A. Cogley City of Elgin Legal Department 150 Dexter Court Elgin, IL 60120-5555 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT is made and entered into this day of , 2007, by and between the CITY OF ELGIN, an Illinois municipal corporation, (hereinafter referred to as the "City"), and the COLUMBINE HOMEOWNERS ASSOCIATION, an Illinois not-for-profit corporation, organized and existing under the laws of the State of Illinois (hereinafter referred to as the "Grantor"). WITNESSETH: WHEREAS, the Grantor owns certain real property located in the Columbine Subdivision, located north of Bowes Road and west of Randall Road in Elgin, Kane County, Illinois; and WHEREAS, the parties have determined that it is in their best interests for Grantor to grant to the City easements over those portions of Grantor's property legally described herein. NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00) in hand paid to Grantor, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. That Grantor hereby grants and conveys to the City of Elgin, an Illinois municipal corporation, a permanent and exclusive (except for existing drainage, detention and access easements) easement to install, construct, operate, use, maintain, repair, service, upgrade, replace or remove sanitary sewer lines and/or water mains, and appurtenances relating thereto, in, through, under and upon the north 30 feet of Lot 117 in the Columbine Subdivision, such portion of Grantor's property being legally described in Exhibit A attached hereto (such portion of Grantor's property being legally described in Exhibit A attached hereto is hereinafter referred to as the "Public Utility Easement Premises"). 2. That Grantor does hereby further grant to the City permanent and non-exclusive easements in, through, under and upon those portions of Grantor's property legally described in Exhibit B attached hereto allowing access over and use of said portions of Grantor's property for the purposes of maintaining or repairing the detention facility on portions of Lot 119 and the landscaping thereon and the detention facility and the connecting storm sewer on Lot 117 in the Columbine Subdivision (the Public Utility Easement Premises and the portions of Grantor's property referred to in this Section 2 are hereinafter collectively referred to as the "Easement Premises"). 3. That the Grantor shall not construct any buildings or structures nor plant any trees on the Public Utility Easement Premises nor undertake any other activities which unreasonably interfere with the Public Utility Easement Premises and the City's intended use thereof 4. That following the exercise by the City of the easement rights granted herein for the Public Utility Easement Premises, the City shall promptly repair and restore the Easement Premises to the same conditions as existed immediately prior to the exercise of such rights as are reasonably practicable. 5. That no amendment, revision or modification hereof shall be effective unless it is in writing and signed by all of the parties hereto. 6. That this agreement shall be governed by and construed in accordance with the laws of the State of Illinois. 7. That it is understood and agreed that the City may utilize the services of third party contractors, employees or other agents to perform work in the Easement Premises. - 2 - 8. That the Grantor hereby represents and warrants to the City it is the fee simple title holder of the Easement Premises and that it has the full power and authority to enter into and make the grants of easement as provided herein. 9. That this agreement shall be binding on the parties hereto, their successors and permitted assigns and shall run with the land. 10. That this agreement shall be recorded by the City at the City's cost with the Kane County Recorder. IN WITNESS WHEREOF, the parties have entered into and executed this Easement Agreement on the date and year first written above. CITY OF ELGIN, an Illinois COLUMBINE HOMEOWNERS municipal corporation ASSOCIAT N By By Ed Schoc , Mayor Its: Attest: Attest: /f eiplmj off°. 0 City Clerk Its: STATE OF ILLINOIS ) ) SS. COUNTY OFKANE ) I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that Ed Schock, Mayor, personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his free and voluntary act of the uses and purposes therein set forth. Given under my hand an official seal, this ► I ay of _ • .. , 2007. ,J),k, Not. Y ' blic -01.1 ; !A1. SINAI: Y KATHRYN J GRANZOW X Notary Public,State of Illinois j 4ti ^,v Commission Expires 10/212010 - 3 - 8. That the Grantor hereby represents and warrants to the City it is the fee simple title holder of the Easement Premises and that it has the full power and authority to enter into and make the grants of easement as provided herein. 9. That this agreement shall be binding on the parties hereto, their successors and permitted assigns and shall run with the land. 10. That this agreement shall be recorded by the City at the City's cost with the Kane County Recorder. IN WITNESS WHEREOF, the parties have entered into and executed this Easement Agreement on the date and year first written above. CITY OF ELGIN, an Illinois COLUMBINE HOMEOWNERS municipal corporation ASSOCIAT N By By Ed Schock, Mayor Its: /1-es/e.) Attest: Attest: ileatj e City Clerk Its: OF ILLINOIS ) ) SS. COUNTY OFKANE ) I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that Ed Schock, Mayor, personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his free and voluntary act of the uses and purposes therein set forth. Given under my hand an official seal,this day of , 2007. Notary Public - 3 - STATE OF ILLINOIS ) ) SS. COUNTY OF K A N E ) I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that is personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his free and voluntary act of the uses and purposes therein set forth. Given under my hand an official seal, this Aday of 0\ , 2007. ' ► 'ii lv,11,n∎11.lv1.1 Notary 'ublic \ O( FILIAL. ',LAI.'. i KATHRYN Ji GRANZOW G Notary Public,State of Illinois F:\Legal Dept\Agreement\Easement-ColumbineSub-BowesRandal %dMiCOmrr,!SS;'cn Expires 1012/2010 • -4- EXHIBIT A Legal Description of Public Utility Easement Premises The north 30 feet of Lot 117 in the Columbine Subdivision, being a subdivision of part of the Northwest Quarter of Section 28, Township 41 North, Range 8 East of the Third Principal Meridian in the City of Elgin, Kane County, Illinois, recorded on October 20, 1995, as Document No. 95K063055. - 5 - EXHIBIT B Lot 117 in the Columbine Subdivision being a subdivision of part of the Northwest Quarter of Section 28, Township 41 North, Range 8 East of the Third Principal Meridian in the City of Elgin, Kane County, Illinois, recorded on October 20, 1995, as Document No. 95K063055 and Lot 119 in the Columbine Subdivision being a subdivision of part of the Northwest Quarter of Section 28, Township.41 North, Range 8 East of the Third Principal Meridian in the City of Elgin, Kane County, Illinois, recorded on October 20, 1995, as Document No. 95K063055 excepting therefrom the following described property: those portions previously conveyed and dedicated to the City of Elgin described as follows: INK T}M�j T LOT 1�R�1E SUBDIVISION, BEING A SUBDIVISION OF PART OF THE NORTHWEST!QUARTER OF SECTION 28, TOWNSHIP 41 NG>R'Ni, RANGE 11 EAST, OF TINE THIRD PRINCIPAL MERIDIAN IN THE CITY OF (LOIN, KANE COUNTY, ILLINOIS, AS RECORDED OCTOBER 20, 1995, IN DOCUMENT N0. 95K063 55, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 119; THENCE N88'49'04"E 230.28 FEET ALONG THE SOUTH LINE OF SAID LOT 119 AND THE NORTH RIGHT—OF—WAY LINE OF BORES ROAD/COUNTY HIGHWAY 17 TO THE SOUTHEAST CORNER OF SAID LOT 119; THENCE NO0'56'14'W 1.00 FOOT ALONG THE EAST LINE OF SAID LOT 119 AND THE WESTERLY RIGHT—OF—WAY NNE OF COLUMBINE DRIVE FOR A Rit If 11111111111.111 THENCE 183.94 FEET ALONG THE ARC OF A 65.00 FOOT RADIUS NON—TANGEN AL CIRCULAR CURVE TO THE RIGHT AND CONCAVE TO THE EAST, WITH A CENTRAL ANGLE OF 182'08'09", HAVING A CHORD WENCH BEARS 140344'22"E 128.42 FEET TO AFORESAID WESTERLY RIGHT—OF—WAY LINE OF SAID COLUMBINE DRIVE; THENCE 308'36'14"W 63.06 T ALONG THE EAST UNE OF SAID LOT 119 AND THE WESTERLY RIGHT—OF—WAY UNE OF SAID COLUMBINE DRIVE; THENCE SO0'55•14'E 65.81 T ALONG THE EAST UNE OF SAID LOT 119 AND NE WESTERLY RIGHT—OF—WAY LINE OF SAID COLUMBINE DRIVE TO THE PLACE OF BE , CONTAINING 0.11 ACRES OF LAND, MORE OR LESS. IMAM MAY BNIE BB116A11e1' THAT PART OF LOT 119, COLUMBINE SUBDIVISION, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 41 NORTH, RANGE 8 EAST, OF THE THIRD PRINCIPAL MERIDIAN IN THE CITY OF ELGIN, KANE COUNTY, Lukas, AS RECORDED OCTOBER 20, 1995, IN DOCUMENT NO. 95K063055, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 119; THENCE N88'49'04'E 3.89 FEET ALONG THE SOUTH UNE OF SAID LOT 119 AND THE NORTH RIGHT—OF—WAY LINE OF BORES ROAD/COUNTY HIGHWAY 17 FOR A PLACE OF BECPI 'THENCE N43'49'29'E 14.14 FEET; THENCE N01•10'06"W 52.72 FEET; THENCE 63.39 FEET ALONG THE ARC OF A 59.00 FOOT RADIUS CIRCULAR CURVE TO THE RIGHT AND CONCAVE TO THE SOUTHEAST, PATH A CENTRAL ANGLE OF 61'33'20', HAVING A CHORD WHICH BEARS N29'36'33'E 60.38 FEET; THENCE NSO'23'1YE 108.71 FEET; THENCE N00•36'20'W 31.99 FEET TO THE SOUTHERN RIGHT—OF—WAY UNE • RED BARN LANE; THENCE 14.66 FEET ALONG THE ARC OF A 230.00 FOOT RADIUS NON—TANGENTIAL CIRCULAR CURVE TO THE LEFT • CONCAVE TO THE NORTH, WITH A CENTRAL ANGLE OF 03'39.'011', RAVING A CHORD WINCH BEARS 589'05'41"E 14.66 FEET ALONG NE • TH LIRE OF SAID LOT 119 AND NE SOUTH RIGHT—OF—WAY UNE OF SAID RED BARN LANE; THENCE N89'04'46"E 96.00 FEET ALONG THE • TH UNE OF SAID LOT 119 AND THE SOUTH RIGHT—OF—WAY OF SAID RED BARN LANE TO THE NORTHEAST CORNER OF SAID LOT 119; a • S00"55'14"E 11.44 FEET ALONG THE EAST LINE OF SAID LOT 119 AND 111E WESTERLY RIGHT—OF—WAY UNE OF COLUMBINE DRIVE; THENCE 36'144W 30.90 FEET ALONG THE EAST LINE OF SAID LOT 119 AND NE WESTERLY RIGHT—OF—WAY LINE OF SAID COLUMBINE DRIVE; ai • StI0'21'01"1R 195.85 FEET; THENCE 301'10'06"E 52.11 FEET; THENCE 545'10'31"E 14.14 FEET TO THE SOUTHERN UNE OF SAID LOT 119; a • S88'49'04"W 80.00 FEET ALONG THE SOUTH LINE OF SAID LOT 119 AND THE NORTH RIGHT—OF—WAY LINE OF SAID BOWES ROAD/COUN HIGHWAY 17 TO 'THE PLACE OF BEC MNING, CONTAINING 0.43 ACRES OF LAND, MORE OR LESS. - 6 - Columbine Drive ,OF Er Plant Sche ule L , °, Kay I(Scientific Name I.(Co mon Name Mn.Min.Size I I Quantity C Deciduous Shade Trees .4.►�` ( AR I lAcerrubmm Autumn Flame' I IA n Flame Red Maple I[2.5"B&B I I 6 I GT I JGled,lsea Macanthos C kuermis J( -es roreyom.st ]12.5"BOB I I 3 J )ea UH I julmusthollaraica Pioneer I[Pi. er Elm II 2.5"B&B II 5 I wl-To a•.eaor•3a�mw.wn OR ]IQiemusnrbra I INS -m Red Oak II 2.5"US II 4 I "�i 11/ '•^'" a+ar•.•"r.wdr•a.o Evergreen Tees �1 Ill 4� - �.� aRer 1)-OR ( PG I IPicea glauca densata I IB.. Hills Spruce I I 6'B&B I I 3 ( sav' 471.t 1a)-rw TO Jl Thuja occidentalis Tecbny• I ITe- Arborvitae II 6'B&B II 20 Ornamental Trees&Large Shrubs .14. AG I JAmelancbierx grandilora Autumn Bnlliancel IA nBriliarre Seryceberry 116'-T 888 I 2 I �",`,-raj•,.. T. .t./� CV I l Crataegus vindis MnterKing' I IMAM •rKing Hawthorn I I 2"BOB 11 4 I ^I'" .��� •'�����' ii�'�il.iij� tO,TYP. 1-il UJ SR IJSy»ngambcWafa'Ivory Silk' IIAO SiNrJapanese Tree Lilac IJ 2.5"B&B I 9 J - SmallShrubs .0::_^..ar��.-..,.`.°:g 1)•CR RA I I Pbus aromatics Gm LoW I I . Low Sumac I I 2 gal. I I 76 I ;• ^•� 'SSA, 174 Z SEEDING SPECIFICATIONS: 1r N)•RA Q O 1.) INSTALL SEED UNDER FAVORABLE WEATHER•• • • -UNLESS APPROVED BY al.UM _�OIy�. I-uN 1 N 1 OWNER.THE GENERALLY ACCEPTED TIMES FOR-•• •NG ARE APRIL 1 TO MAY St AND G`� W AUGUST 15 TO SEPTEMBER 31. �11�`\�' �Q717, �,1J%i Z' Q 2.) PROVIDE FRESH,CLEAN,NEW-CROP SEED«• ' YNO WITH TOLERANCE FOR PURITY ■ Jjii . Gtr Gtr I-SR AND GERMINATION ESTABLISHED BY OFFICIAL.• ED ANALYSTS OF NORTH AMERICA. RI-Nt ..ell ,1YPa'K - tl r �'\��• "1e /� + 3.) LIMIT PREPARATION TO AREAS WHICH WILL- SEEDED WITHIN 4S HOURS. ()`' ,`�1 W 4.) LOOSEN TOPSOIL TO A DEPTH OF 4',REMO =ANY STONES,DEBRIS,STICKS,ROOTS AND �V.:::- V �j"'' OTHER EXTRANEOUS MATTER OVER?. �. ` J C`\ tilt 'Lip` 17 , x, S.) GRADE LAWN AREAS TO A SMOOTH.FREE•- IRO AND EVEN SURFACE WITH A LOOSE N•. l��: �„ M „' UNIFORMLY FINE TEXTURE.ROLL AND RAKE,RE • RIDGES AND FILL DEPRESSIONS AS `S�/ ,e �1Ir" e� Sii~~�ii REQUIRED TO DRAIN FREELY. \.``1�', �. . �l,,.. e.) MOISTEN PREPARED LAWN AREAS BEFORE IF SOIL IS DRY.ALLOW SURFACE Jr , r%1�\r ao, O MOISTURE TO DRY BEFORE SEEDING.DO NOT••-. TE OR PLANT IN MUDDY SOIL CONDITIONS. 1.,,•' �q�T 11 17. / 7.) APPLY STARTER FERTILIZER AT THE RATE• 380 POUNDS PER ACRE AND WORK INTO 1 t W PREPARED SOIL. ��111/,.e.o, tIw_ S.) DO NOT USE WET SEED OR SEED THAT IS • • OR OTHERWISE DAMAGED. -! `� '•.�' H S.) SOW SEED USING SPREADER OR OTHER AP--• •SEEDING MACHINE.DO NOT SEED 4 ia: .1. WITH SPREADER IF WIND VELOCITY EXCEEDS 10 ;PER HOUR.DISTRIBUTE SEED EVENLY 1 `1 y H1�` BY SOWING ENTIRE AREA IN 2 DIRECTIONS AT- • ANGLES TO EACH OTHER. �I,% >I/�. .. Qs,lFr�� `1' H•10.) SOW GRASS SEED AT RATE OF 300 LBS.PER G = G�• i '-•w -ql% •�• 11.) PROTECT SEEDED SLOPES WITH EROSION N OR BLANKET AS APPROVED BY /,lP //,\�. N,..MOW W OWNER. 12.) MAINTAIN LAWN AREAS FOR A PERIOD OF N (90)DAYS SUBSEQUENT TO THE �\{T///. 1 r °"` —SOH COMPLETION OF SOWING.THIS INCLUDES WA =- ,WEEDING,MOWING,TRIMMING,AND s `�Ir^. — OTHER OPERATIONS SUCH AS REPLANTING BARE - -AND ROWNO TO TO ESTABLISH lB-Re Gl : I•OT - —— SMOOTH LAWN. n)-ev ATP \�� ��V, ——• �"` ).cv it _.._ �., '3 - _ Relocated Sign C ��� LANDSCAPE•_ ' PLAN – 101........ • • .,-i*._ ....... ...-...- - , • f I-- -11-16. �n=1= U u l Ir= a 17455- 4 n=11= 0 7-02 1[ 1 ] r II I 1-11 n n II i - 1I1 ii 6 1=11 d n ll _=11 a— 11#11.=•,• II 11 11=1 .11,=1,. 11 i i 1-1r- 11=11=-.,=11=11 .-13= ....� 111=11* 11=.11: � ° Ot 1I 11--1 © a..aa.. 11.4 11#1h01.hti1.ll 1"=20' 0117..•.M..au..... a aav",R.amet.n•e. ...• /,�v_an�m�.T.p,o .. O"�:"""° awe �I a�.�.. ' ... �l ` ! i�f J1. j LS-1 1 of 1