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HomeMy WebLinkAbout01-164 Recorded / Resolution No. 01-164 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR SANITARY SEWER PURPOSES (Slough Business Center II Subdivision) 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 an easement agreement for sanitary sewer purposes from The Financial Corporation of Illinois and Slough Estates USA Inc . 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 easement agreement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois . s/ Ed Schock Ed Schock, Mayor Presented: June 13, 2001 Adopted: June 13, 2001 Omnibus Vote: Yeas 6 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk FILED FOR RECORD C,O_?"'TY, ILL. 200 I K059794 7r1 Jthl2I AN 9� 30 This document prepared by Terrence E. Budny, Esq. MAP ATTACHED RECORDER Bell, Boyd& Lloyd LLC 70 West Madison Suite 3100 Chicago, IL 60602 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT is made and entered into this ,Tune 15, 2001 , by and between the CITY OF ELGIN, an Illinois municipal corporation(hereinafter referred to as the"City"), THE FINANCIAL CORPORATION OF ILLINOIS, a Delaware corporation (hereinafter referred to as the"Grantor"), and SLOUGH ESTATES USA INC., a Delaware corporation("Slough"). WITNESSETH A. Grantor owns the real property located in the City of Elgin, County of Kane, State of Illinois, legally described in Exhibit"A" attached hereto and made a part hereof(the "Land"). B. The City desires to obtain an easement from Grantor for the purpose of installing, constructing, operating, maintaining, locating, repairing,replacing or removing sanitary sewer line improvements over a portion of the Land. C. Grantor has agreed to grant such an easement for such purpose pursuant to the terms and conditions of this Agreement. NOW, THEREFORE, for and in consideration of the mutual promises, agreements and undertakings as set forth herein, and for other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties hereto agree as follows: 1. That Grantor, being the owner of the Land, does hereby grant to the City a permanent and exclusive easement to install, construct, operate, maintain, locate, repair, remove or replace a sanitary sewer line, manhole, and other appurtenances (which,with the exception of any manholes, shall be constructed below grade)relating to a sanitary sewer line in those portions of the Land legally described as Parcel 1 in Exhibit`B"attached hereto and described therein as the"20 Foot Sanitary Sewer Easement" (hereinafter referred to as the "Sewer Easement Premises"). After recording ret n to Elgin City Clerk n 150 Dexter Court (' Elgin, IL 60120 353078/C/5 WZPM05 2001K05 9 7 9 Li 4 2. That Grantor does hereby further grant to the City a temporary construction easement in those portions of the Land legally described as Parcel 2 in Exhibit"B"attached hereto and described therein as the"20 Foot Temporary Construction Easement"allowing access over and use of said portions of the Land for the purpose of constructing the sanitary sewer and water main improvements on the above-described Sewer Easement Premises (hereinafter the "Construction Easement Premises"). The temporary construction easement hereby granted shall be deemed terminated upon the completion of the original construction of the sanitary sewer line improvements in the Sewer Easement Premises but in any event shall automatically expire two (2)years from the date and year first written above. The Sewer Easement Premises and the Construction Easement Premises are collectively referred to herein as the "Easement Premises." 3. That following the exercise by the City of any easement rights granted herein, the City shall promptly repair and restore the Easement Premises to the same condition as existed immediately prior to the existence of such rights as is reasonably practicable and shall leave the Easement Premises and surrounding premises free from debris. 4. That the City for itself, its agents and independent contractors,hereby agrees to indemnify and hold Grantor and their successors harmless from all third party claims for damages arising as a result of the City's work in the Easement Premises after acceptance of the improvements constructed within the Sewer Easement Premises in accordance with paragraph 9 hereof. Slough agrees to indemnify and hold Grantor harmless from any and all liens placed against the Easement Premises arising from said construction activities. 5. That this Agreement and the easements granted herein do not preclude Grantor from improving the Easement Premises, including without limitation installation of fences, landscaping and pavement, provided that Grantor and its successors shall not damage or burden any improvements constructed by or on behalf of the City in the Sewer Easement Premises, erect any permanent structures or buildings on the Sewer Easement Premises, or undertake any other activities on the Sewer Easement Premises which unreasonably interfere with the City's use of the Sewer Easement Premises. 6. In the event Grantor utilizes the Easement Premises for farming and crops thereon are damaged as a result of the exercise by the City of its easement rights hereunder,then the City shall pay to Grantor, on request,damages for such damaged crops or inability to plant crops pursuant to the terms of the lease between Grantor and the then current tenant farmer. The City further represents and warrants that the improvements to be constructed by or on behalf of the City within the Sewer Easement Premises shall not unreasonably interfere with the farming operations, if any,within the Sewer Easement Premises. 7. That this Agreement constitutes the entire agreement between the parties and is intended as a complete and exclusive statement of the terms of the parties' agreement, and it supersedes all prior and concurrent promises, representations,proposals,negotiations, discussions and agreements that may have been made in connection with the subject matter hereof. 8. That this Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. 353078/C/5 WZPM05_ 2 2UU1K059794 9. That the parties acknowledge and agree that Slough shall construct or cause to be constructed the sanitary sewer line in the Sewer Easement Premises. Upon completion of the work and final acceptance by the City Council, the City shall be deemed to be the owner of the improvements constructed by or on behalf of the City in the Sewer Easement Premises, and shall be deemed to have assumed all responsibility for operation, maintenance, repair and replacement thereof Slough, and its successors and assigns, shall be entitled to the use of the sanitary sewer line located in the Easement Premises (including without limitation the right to tap into such sewer line) for the benefit of real property currently owned by Slough and located north of and adjacent to the Land, and known as Slough Business Center II. Upon the City's acceptance of the improvement constructed by SIough in the Sewer Easement Premises, SIough shall pay Grantor an easement fee in the amount of$22,711. It is understood and agreed that Slough and the City may utilize the services of third party contractors to perform work in the Easement Premises,provided however, the City shall not assign this agreement or any interest herein or any rights hereunder without the prior written consent of Grantor. 10, That the parties also acknowledge and agree that Grantor, its successors and assigns shall be entitled to the use of the sanitary sewer line located in the Sewer Easement Premises, including without limitation the right to tap into such sewer line upon payment to the City of such fees as may then be imposed but without imposition on Grantor, its successors and assigns of any recapture fees which might otherwise be payable to Slough in connection with its payments of costs related to construction of said sanitary sewer line. 11. That all notices and other communications hereunder shall be in writing and shall be deemed given if delivered by hand, mailed by registered or certified mail (return receipt requested) or telecopied to the parties at the following addresses (or at such other addresses for a party as shall be specified by like notice) and shall be deemed given on the date on which so hand-delivered, telecopied or on the third business day following the date on which so mailed: To Grantor: Financial Corporation of Illinois 2800 West Golf Road Rolling Meadows, Illinois 60008 Attn: Telephone: (630) 893-2328 Fax: (630) 893-3955 To City: City of Elgin 150 Dexter Court Elgin, Illinois 60120 Attn: Telephone: (847) 931-6100 Fax: (847) 931-5610 353078/C/6 WZPM06 2001K059794 i� To Slough: Slough Estates USA Inc. 33 West Monroe Street Suite 2000 Chicago, IL 60603 Attn: William Rogalla Telephone: (312) 558-9100 Fax: (312) 558-9041 12. That this Agreement shall be binding on the parties hereto, their successors and permitted assigns. 13. That this Agreement shall be recorded by the City at Slough'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 municipal THE FINANCIAL CORPORATION OF corporation I ' OIS, a Delaware corporation By: By: k w� '4 E 1 i Name: wa-cD ..���+s�1G . e: • M� �. Z Title: Mayor : latt 'Y' Attest: Attes . Name: OvLo,vnlA h'l G .me: 1.14•u W. f}v vn Title: City Clerk Title: Sacie SLOUGH ESTATES USA INC., a Delaware corporation By: Name: £4 ,L con ,2eefu9 Title: Yi / fsa Attest: Name: 4. j /( 4/ Title: CGa 353078/C/5 WZPM05_ 4 2Uu1Kf , 974 (I • EXHIBIT A LEGAL DESCRIPTION PARCEL ONE: THAT PART OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4;THENCE NORTH ALONG THE EAST LINE OF SAID QUARTER QUARTER, 84.00 FEET TO THE CENTER LINE OF BIG TIMBER ROAD; THENCE CONTINUING NORTH ALONG THE EAST LINE OF SAID QUARTER QUARTER, 1240.35 FEET TO THE NORTHEAST CORNER OF SAID QUARTER QUARTER; THENCE WEST ALONG THE NORTH LINE OF SAID QUARTER QUARTER, 854.70 FEET TO A POINT OF BEGINNING;THENCE WEST ALONG SAID NORTH LINE 108.99 FEET;THENCE SOUTHERLY ALONG A LINE FORMING AN ANGLE OF 105 DEGREES 54 MINUTES 45 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE THEREFROM) 523.13 FEET TO THE CENTER LINE OF BIG TIMBER ROAD; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE TO THE POINT OF INTERSECTION OF SAID CENTER LINE WITH A LINE DRAWN SOUTHERLY FROM THE POINT OF BEGINNING, A DISTANCE OF 670.09 FEET(WHICH SAID POINT OF INTERSECTION IS 1023.52 FEET NORTHWESTERLY, AS MEASURED ALONG SAID CENTER LINE, FROM THE POINT OF INTERSECTION OF SAID CENTER LINE AND THE EAST LINE OF SAID QUARTER QUARTER);THENCE NORTH ALONG SIDE LINE A DISTANCE OF 670.09 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF DUNDEE, KANE COUNTY, ILLINOIS. PARCEL TWO: THAT PART OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED BY COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4; THENCE NORTH ALONG THE EAST LINE OF SAID QUARTER QUARTER 84.00 FEET TO THE CENTER LINE OF BIG TIMBER ROAD FOR A POINT OF BEGINNING; THENCE CONTINUING NORTH ALONG THE EAST LINE OF SAID QUARTER QUARTER 1240.35 FEET TO THE NORTHEAST CORNER OF SAID QUARTER QUARTER; THENCE WEST ALONG THE NORTH LINE OF SAID QUARTER QUARTER 854.70 FEET; THENCE SOUTH 670.09 FEET TO SAID CENTER LINE OF BIG TIMBER ROAD; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE 1023.52 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF DUNDEE, KANE COUNTY, ILLINOIS. 2oo1K0597914 Exhibit B Parcel 1 PERMANENT EASEMENT 20.00 FOOT WIDE PERMANENT EASEMENT OVER THAT PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 31;THENCE NORTH 88 DEGREES 41 MINUTES 39 SECONDS WEST,ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 31, A DISTANCE OF 963.69 FEET, THIS LINE HEREINAFTER REFERRED TO AS LINE "A"; THENCE SOUTH 17 DEGREES 13 MINUTES 06 SECONDS WEST,A DISTANCE OF 469.14 FEET,THIS LINE HEREIN AFTER REFERRED TO AS LINE"B,"TO THE INTERSECTION WITH A LINE THAT IS 53.00 FEET NORTHEASTERLY OF. AS MEASURED PERPENDICULAR, AND PARALLEL TO THE CENTER LINE OF BIG TIMBER ROAD AS RECORDED; THENCE SOUTHEASTERLY,ALONG SAID PARALLEL LINE, BEING ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 22,291.30 AN ARC DISTANCE OF 21.03 FEET TO THE INTERSECTION WITH A LINE THAT IS 20.00 FEET EASTERLY, AS MEASURED PERPENDICULAR,AND PARALLEL TO THE AFORESAID LINE "B"FOR THE POINT OF BEGINNING;THENCE, CONTINUING SOUTHEASTERLY,ALONG SAID PARALLEL LINE, BEING ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 22,971.30 FEET,AN ARC DISTANCE OF 79.14 FEET TO THE INTERSECTION WITH A LINE THAT IS 53.00 FEET NORTHEASTERLY OF,AS MEASURED PERPENDICULAR, AND PARALLEL TO SAID CENTER LINE OF BIG TIMBER ROAD AS RECORDED; THENCE SOUTH 54 DEGREES 34 MINUTES 05 SECONDS EAST, ALONG SAID PARALLEL LINE, A DISTANCE OF 566.00 FEET TO THE NORTHWESTERLY LINE OF A PERMANENT SANITARY SEWER EASEMENT,AS RECORDED PER DOCUMENT NO. 97K070760: THENCE NORTH 35 DEGREES 25 MINUTES 55 SECONDS EAST,ALONG SAID NORTHWESTERLY LINE,A gnni Y nrP1 -iAI DISTANCE OF 11.94 FEET TO THE NORTHWEST CORNER OF SAID EASEMENT;THENCE SOUTH 54 DEGREES 34 MINUTES 05 SECONDS EAST,ALONG THE NORTHEASTERLY LINE OF SAID SANITARY SEWER EASEMENT,A DISTANCE OF 20.01 FEET TO THE NORTHEAST CORNER OF SAID EASEMENT;THENCE NORTH 35 DEGREES 25 MINUTES 55 SECONDS EAST,ALONG THE SOUTHEASTERLY LINE, EXTENDED NORTHEASTERLY OF SAID SANITARY SEWER EASEMENT,A DISTANCE OF 8.06 FEET TO THE INTERSECTION WITH A LINE THAT IS 73.00 FEET NORTHEASTERLY OF,AS MEASURED PERPENDICULAR,AND PARALLEL TO AFORESAID CENTER LINE OF BIG TIMBER ROAD; THENCE NORTH 54 DEGREES 34 MINUTES 05 SECONDS WEST,ALONG SAID PARALLEL LINE, A DISTANCE OF 586.01 FEET TO THE INTERSECTION WITH A LINE THAT IS 73.00 FEET NORTHEASTERLY OF,AS MEASURED PERPENDICULAR.AND PARALLEL TO SAID CENTER LINE OF BIG TIMBER ROAD;THENCE NORTHWESTERLY ALONG SAID PARALLEL LINE, BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 22,991.30 FEET,AN ARC DISTANCE OF 64.68 FEET TO THE INTERSECTION WITH A LINE THAT IS 40.00 FEET EASTERLY,AS MEASURED PERPENDICULAR,AND PARALLEL TO THE AFORESAID LINE"B"; THENCE NORTH 17 DEGREES 13 MINUTES 06 SECONDS EAST, ALONG SAID PARALLEL LINE,A DISTANCE OF 472.51 FEET TO THE AFORESAID LINE"A"; THENCE NORTH 88 DEGREES 41 MINUTES 39 SECONDS WEST,ALONG SAID LINE"A", A DISTANCE OF 20.80 FEET TO THE INTERSECTION WITH A LINE THAT IS 20.00 FEET EASTERLY,AS MEASURED PERPENDICULAR,AND PARALLEL TO AFORESAID LINE "B"; THENCE SOUTH 17 DEGREES 13 MINUTES 06 SECONDS WEST,ALONG SAID PARALLEL LINE,A DISTANCE OF 481.33 FEET TO THE POINT OF BEGINNING SITUATED IN DUNDEE TOWNSHIP, KANE COUNTY, ILLINOIS CONTAINING 22,457.90 SQUARE FEET MORE OR LESS. 2 2001K059794 7 Parcel 2 TEMPORARY EASEMENT NO. 1 20.00 FOOT WIDE TEMPORARY EASEMENT OVER THAT PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 31;THENCE NORTH 88 DEGREES 41 MINUTES 39 SECONDS WEST,ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 31,A DISTANCE OF 963.69 FEET TO THE POINT OF BEGINNING,THIS LINE HEREINAFTER REFERRED TO AS LINE"A";THENCE SOUTH 17 DEGREES 13 MINUTES 06 SECONDS WEST,A DISTANCE OF 469.14 FEET,THIS LINE HEREIN AFTER REFERRED TO AS LINE"B,"TO THE INTERSECTION WITH A LINE THAT IS 53.00 FEET NORTHEASTERLY OF,AS MEASURED PERPENDICULAR,AND PARALLEL TO THE CENTER LINE OF BIG TIMBER ROAD AS RECORDED;THENCE SOUTHEASTERLY ALONG SAID PARALLEL LINE, BEING ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 22,291.30 AN ARC DISTANCE OF 21.03 FEET TO THE INTERSECTION WITH A LINE THAT IS 20.00 FEET EASTERLY, AS MEASURED PERPENDICULAR,AND PARALLEL TO THE AFORESAID LINE "B';THENCE NORTH 17 DEGREES 13 MINUTES 06 SECONDS EAST, ALONG SAID PARALLEL LINE,A DISTANCE OF 481.33 FEET TO THE AFORESAID LINE AN; THENCE NORTH 88 DEGREES 41 MINUTES 39 SECONDS EAST,ALONG SAID LINE 'A,'A DISTANCE OF 20.80 FEET TO THE POINT OF BEGINNING SITUATED IN DUNDEE TOWNSHIP, KANE COUNTY ILLINOIS CONTAINING 9,504.65 SQUARE FEET. MORE OR LESS. TEMPORARY EASEMENT NO. 2 20.00 FOOT WIDE TEMPORARY EASEMENT OVER THAT PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 31;THENCE NORTH 88 DEGREES 41 MINUTES 39 3 2001 059794 SECONDS WEST, ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 31,A DISTANCE OF 963.69 FEET,THIS LINE HEREINAFTER REFERRED TO AS LINE"A";THENCE SOUTH 17 DEGREES 13 MINUTES 06 SECONDS WEST,A DISTANCE OF 469.14 FEET, THIS LINE HEREIN AFTER REFERRED TO AS LINE"B,"TO THE INTERSECTION WITH A LINE THAT IS 53.00 FEET NORTHEASTERLY OF, AS MEASURED PERPENDICULAR,AND PARALLEL TO THE CENTER LINE OF BIG TIMBER ROAD AS RECORDED;THENCE SOUTHEASTERLY, ALONG SAID PARALLEL LINE, BEING ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 22,291.30 AN ARC DISTANCE OF 21.03 FEET TO THE INTERSECTION WITH A LINE THAT IS 20.00 FEET EASTERLY, AS MEASURED PERPENDICULAR,AND PARALLEL TO THE AFORESAID LINE "B;"THENCE,CONTINUING SOUTHEASTERLY,ALONG SAID PARALLEL LINE, BEING ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 22,971.30 FEET,AN ARC DISTANCE OF 79.14 FEET TO THE INTERSECTION WITH A LINE THAT IS 53.00 FEET NORTHEASTERLY OF,AS MEASURED PERPENDICULAR,AND PARALLEL TO SAID CENTER LINE OF BIG TIMBER ROAD AS RECORDED;THENCE SOUTH 54 DEGREES 34 MINUTES 05 SECONDS EAST.ALONG SAID PARALLEL LINE, A DISTANCE OF 566.00 FEET TO THE NORTHWESTERLY LINE OF A PERMANENT SANITARY SEWER EASEMENT, AS RECORDED PER DOCUMENT NO. 97K070760; THENCE NORTH 35 DEGREES 25 MINUTES 55 SECONDS EAST, ALONG SAID NORTHWESTERLY LINE,A DISTANCE OF 11.94 FEET TO THE NORTHWEST CORNER OF SAID EASEMENT;THENCE SOUTH 54 DEGREES 34 MINUTES 05 SECONDS EAST,ALONG THE NORTHEASTERLY LINE OF SAID SANITARY SEWER EASEMENT,A DISTANCE OF 20.01 FEET TO THE NORTHEAST CORNER OF SAID EASEMENT;THENCE NORTH 35 DEGREES 25 MINUTES 55 SECONDS EAST,ALONG THE SOUTHEASTERLY LINE EXTENDED NORTHEASTERLY OF SAID SANITARY SEWER EASEMENT,A DISTANCE OF 8.06 FEET TO THE INTERSECTION WITH A LINE THAT IS 73.00 FEET NORTHEASTERLY OF,AS MEASURED PERPENDICULAR,AND PARALLEL TO AFORESAID CENTER LINE OF BIG TIMBER ROAD FOR THE POINT OF BEGINNING; THENCE NORTH 54 DEGREES 34 MINUTES 05 SECONDS WEST,ALONG SAID PARALLEL LINE,A DISTANCE OF 586.01 FEET TO THE INTERSECTION WITH A LINE THAT IS 73.00 FEET NORTHEASTERLY OF,AS MEASURED PERPENDICULAR,AND PARALLEL TO SAID CENTER LINE OF BIG TIMBER ROAD;THENCE NORTHWESTERLY ALONG SAID PARALLEL LINE, BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 22,991.30 r, 2001K059794 FEET, AN ARC DISTANCE OF 64.68 FEET TO THE INTERSECTION WITH A LINE THAT IS 40.00 FEET EASTERLY,AS MEASURED PERPENDICULAR,AND PARALLEL TO THE AFORESAID LINE"B";THENCE NORTH 17 DEGREES 13 MINUTES 06 SECONDS EAST, ALONG SAID PARALLEL LINE,A DISTANCE OF 21.03 FEET TO THE INTERSECTION WITH A LINE THAT IS 93.00 FEET NORTHEASTERLY OF,AS MEASURED PERPENDICULAR,AND PARALLEL TO SAID CENTER LINE OF BIG TIMBER ROAD AS RECORDED; THENCE SOUTHEASTERLY,ALONG SAID PARALLEL LINE, BEING ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 23,011.30 FEET,AN ARC DISTANCE OF 71.26 FEET TO THE INTERSECTION WITH A LINE THAT IS 93.00 FEET NORTHEASTERLY OF, AS MEASURED PERPENDICULAR, AND PARALLEL TO SAID CENTER LINE OF BIG TIMBER ROAD AS RECORDED;THENCE SOUTH 54 DEGREES 34 MINUTES 05 SECONDS EAST,ALONG SAID PARALLEL LINE,A DISTANCE OF 586.01 FEET TO THE AFORESAID NORTHEASTERLY EXTENSION OF THE SOUTHEASTERLY LINE OF A SANITARY SEWER EASEMENT; THENCE SOUTH 35 DEGREES 25 MINUTES 55 SECONDS WEST,ALONG SAID NORTHEASTERLY EXTENSION. A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING SITUATED IN DUNDEE TOWNSHIP, KANE COUNTY, ILLINOIS CONTAINING 13,079.53 SQUARE FEET MORE OR LESS. 5 2OO1K059794 /v STATE OF ILLINOIS ) ) ss • COUNTY OF KANE ) I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that Edward 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 for the uses and purposes therein set forth. Given under my hand an official seal, this 15th day ofJune 2001. Notary Publi "OFFICIAL SEAL" G NotaryMARY Public,StateIFFORT of Illinois My Commission Expires 06/13/04 4 353078/C/5 WZPM05_ 5 2OO1K059794 �� STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) I,the undersigned, a Notary Public, in and for said County, in the State aforesaid,to hereby certify that James E. Knowles, the President of The Financial Corporation of Illinois, a Delaware corporation, 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 such President as his free and voluntary act and as the free and voluntary act of such corporation for the uses and purposes therein set forth. Given under my hand an official seal, this 16th day of April, 2001. I "OFFICIAL SEAL" i I el KENNETH A.VONKLUCK Notary Public,State of Illinois 4Notary Public My Commission Expires 09/17/03 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) I,the undersigned, a Notary Public, in and for said County,in the State aforesaid,to hereby certify that John W. Hupp, the Secretary of The Financial Corporation of Illinois, a Delaware corporation, 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 such Secretary as his free and voluntary act and as the free and voluntary act of such corporation for the uses and purposes therein set forth. Given under my hand an official seal, this 16th day of April, 2001. "OFFICIAL SEAL" KENNETH A.VONKLUCK V Notary Public,State of Illinois 4 My Commission Expires 09/17/03 y Notary Public 178309.1 2001 K 059794 �a- STATE OF ILLINOIS ) ) ss • COUNTY OF COOK ) I, the undersigned, a Notary Public, in and for said County, in tan an a o es i do Chief Financial hereby certify that /��� �� /2e .���p+ , the AGE /2e- 7c x/7 of ough Estates UNA Officer Inc., a Delaware corporation, personally known to me to be the same personswhose names a are subikAped to the foregoing instrument, appeared before me this day in person dacknowledged that hie signed and delivered the said instrument as such VP and CFO as free and voluntary act and as the free and voluntary act of such corporation for the uses and purposes therein set forth. Given under my hand an official seal, this <<T'� day of April, 2001. "OFFICIA.L, SEAL" JUNE SAFRAN Notary lic PUBLIC,STATE pF U, AAY cOMmsPue 'EXigES 00-Z4Z00{ 353078/C/5 WZPM05_ 7 2001K059794 /.