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HomeMy WebLinkAbout06-9 Recorded Resolution No. 06-9 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR WATERMAIN PURPOSES FROM GLENWOOD SCHOOL FOR BOYS A/K/A GLENWOOD SCHOOL 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 watermain purposes from Glenwood School For Boys a/k/a Glenwood School for the property legally described on Exhibit A-2, 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: January 11, 2006 Adopted: January 11, 2006 Vote: Yeas: 6 Nays: 1 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk erk , r 11101 I IN 11H1 Ell Ell H1111111 2006K115175 This Instrument Prepared by and Return After a es 61-4 1 1 ai 1 7 S Recording to: William A. Cogley, Esq. SANDY WEG?IAN City of Elgin RECORDER - KANE COUNTY, IL r Le al De artment RECORDED:10/20/2006 03:00PN g p REC FEE: 28.00 RHSPS FEE:10.00 f() 150 Dexter Court PAGES: 7 b Elgin, Illinois 60120-5555 EASEMENT AGREEMENT N 0 hi � — THIS EASEMENT AGREEMENT made and entered into this / ` day of o .y , 2006, by and between the CITY OF ELGIN, an Illinois municipal corporation, •-..______ (hereinafter referred to as the "City"), and GLENWOOD SCHOOL FOR BOYS a/k/a GLENWOOD SCHOOL, an Illinois not-for-profit corporation (hereinafter referred to as the "Grantor"). c--2.. WITNESSETH WHEREAS, Grantor owns the real property depicted on the Easement Exhibit prepared by Henderson and Bodwell, L.L.P., of Elmhurst, Illinois, dated March 1, 2006, attached hereto as Exhibit A-1 and legally described on Exhibit A-2 attached hereto (the "Grantor's Parcel"); and WHEREAS, the City desires to obtain easements from Grantor for the purpose of installing, constructing, operating, using, maintaining, locating, upgrading, repairing, replacing, or removing underground sanitary sewer lines and water main improvements and other appurtenances related thereto under a portion or portions of the Grantor's Parcel; and WHEREAS, Grantor has agreed to grant such easement for such purpose pursuant to the terms and conditions of this Easement Agreement. NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00) in hand paid to Grantor, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Sewer and Water Easements. Grantor, being the owner of the Grantor's Parcel referenced herein, does hereby grant to the City permanent and exclusive (except as set forth in Paragraph 4 hereof) easements to install, construct, operate, use, maintain, locate, upgrade, repair, service, remove, or replace underground sanitary sewer lines and water mains, and other underground appurtenances relating to sanitary sewer lines and water mains in, upon, and under those portions of the Grantor s Parcel labeled as "Proposed 30' Sewer and Water realestrlfglnwd.eas 4 1 Easement" on Exhibit A-1 attached hereto ("Easement Premises"). No above-ground structures (other than manholes and hydrants) or roadways may be constructed on maintained by the City pursuant to this Easement Agreement. 2. Restoration of Easement Premises. 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. In all construction within the Easement Premises, the following guidelines shall control: a. Topsoil shall be stripped from the entire Easement Premises and stockpiled on Grantor's adjacent property as located and directed by City, provided, however, that in the event Grantor fails to provide such locations and directions to City, the topsoil shall be stockpiled on that portion of Grantor's property adjacent to the Easement Premises, as determined by City. Grantor hereby further grants to City a temporary easement for the purpose of stockpiling topsoil on Grantor's adjacent property; b. Excavated trench spoils shall be stockpiled separate from the topsoil as located and directed by Grantor on Grantor's adjacent property as located and directed by Grantor, provided, however, that in the event Grantor fails to provide such locations and directions to City, the excavated trench spoils shall be stockpiled on that portion of Grantor's property adjacent to the Easement Premises as determined by City. Grantor hereby further grants to City a temporary easement for the purpose of stockpiling trench spoils on Grantor's adjacent property; c. After pipe installation, trench spoils shall be placed back in the trench in uniform layers not exceeding twelve (12) inches thick (loose measure); d. Excess clay material shall be placed over the entire Easement Premises in uniform layers; e. Not less than six (6) inches of topsoil shall be respread over the entire Easement Premises. All remaining topsoil shall be evenly respread over the entire Easement Premises; £ Final grading shall be performed in such a manner that adheres to drainage patterns prior to initiation of the installation; under no circumstances shall there be any ponding of stormwater runoff in areas where ponding did not occur prior to construction contemplated in this Agreement; g. The entire Easement Premises shall be seeded with rye or oats upon completion of final grading. Planting of seed shall occur between May 1 and September realest rlfglnwd eas • 30, unless directed otherwise by Grantor; and h. Grantor shall be added as an additional insured party to all insurance policies issued to or on behalf of City with respect to any work within the Easement Premises. The Easement Premises and surrounding premises shall be left free from debris. 3. Indemnification. The City for itself, its agents and independent contractors, hereby agrees to indemnify and hold Grantor and its successors harmless from any and all third party claims for personal injuries or property damage arising directly as a result of the City's work in the Easement Premises during construction or during any subsequent maintenance or repair thereof. The City further agrees to indemnify and hold harmless Grantor from any and all liens placed against the Easement Premises arising from said construction activities. 4. Restrictions: Reservations. The Grantor and Grantor's successors shall not construct any buildings on the Easement Premises nor undertake any other activities on the Easement Premises which unreasonably interfere with the City's intended use of the Easement Premises. Anything contained in this Agreement to the contrary notwithstanding, it is understood that the Grantor shall have (and hereby reserves) the right to (i) construct or otherwise install surface improvements consisting of parking lot improvements, private or publicly dedicated streets and sidewalks, bicycle and pedestrian paths, and landscaping and (ii) install utility lines and related appurtenances which cross perpendicularly through the Easement Premises as reasonably required to service any development on the Grantor s Parcel, provided that such is done in a manner which does not unreasonably interfere with the City's intended use of the Easement Premises. 5. Amendment. No amendment, revision, or modification hereof shall be effective unless it is in writing and signed by all parties hereto. 6. Entire Agreement. This Easement 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. 7. Applicable Law. This Easement Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. 8. Contractors. 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. 9. Warranty of Title. The Grantor hereby represents and warrants to the City that it is the fee simple title holder of the Easement Premises and that it has the full power and realest`rlfglnwd eas . authority to enter into and make the grant of easement as provided herein. 10. Binding. This Easement Agreement shall be binding on the parties hereto, their successors and permitted assigns and shall run with the land. 11. Recording. This Easement Agreement shall be recorded by the Grantor at the Grantor's cost with the Kane County Recorder. 12. Joint Preparation. This Easement Agreement is and shall be deemed and construed to be the joint and collective work product of the Grantor and the City and, as such, this Easement Agreement shall not be construed against either party, as the otherwise purported drafter of same, by any Court of competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness, or conflict, if any, in the terms or provisions contained herein. 13. Release of Easement. The City may terminate this instrument by recording a release in recordable form with directions for delivery of same, whereupon all rights, duties, and liabilities hereby created shall cease and be of no further force or effect. IN WITNESS WHEREOF, the parties have entered into and executed this Easement Agreement on the date and year first written above. CITY OF ELGIN GLENWOOD SCHOOL FOR BOYS a/k/a GL ►' OOD L B By: aair Mayor 'resident and CEO Attest: Eth-41A-1"-‹ City Clerk realest rlfglnwd.eas 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, and Dolonna Mecum, City Clerk, of the CITY OF ELGIN, personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their free and voluntary act of the uses and purposes therein set forth. Given under my hand and official seal, this\i- day of C \s.,.‘,)\ , 2006. " OFFICIAL SEAL " BARBARA E. FURMAN NOTARY PUBLIC, STATE OF ILLINOIS Notary Public MY COMMISSION EXPIRES 8/6/2007 STATE OF ILLINOIS ) ) SS. COUNTYOFKANE ) I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that John Irwin, President and CEO of GLENWOOD SCHOOL FOR BOYS a/k/a GLENWOOD SCHOOL, 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 the free and voluntary act thereof for the uses and purposes therein set forth. Given under my hand and official seal, this I7U day of nut , 2006. c�. Q. (20_1, Notary Public OFFICIAL SEAL JANICE A ROSE NOTARY PUBLIC,STATE OF ILLINOIS MY COMMISSION EXPIRES 04/02/09 realest`,rl fglnwd.eas rpt .�,.�.. ./ POINT OF COMMENCEMENT EXHIBIT el, 3Rp PROPOSED SANITARY AND WATERMAIN EASEMENT TH LINE OF THE SOUTHEAST QUARTER OF SECTION 34-41-7 -,.. S 6gy k4 `NORTH LME OF THE NORTHEAST QUARTER OF SECTION 3-40-7 14111". il 533; Ati3p 9 49 AyNWI-5 Q 9' h,0ti '°po,O/ l$3� A'66 h 3 78.54' -cc/A,NT OF/ '0- N9a7J'SJ"W N82'49"2511/ LicsiJ' �.f N 2813'08'9E 1' y i z87 N9NG 483.7z 37.74 r ra. 90 3 ant, n .. ,. E PROPOSEDI 4. KANE COUNTY i' r PROPOSED 30' s It. FOREST PRESERVE n F SANITARY AND WATERMAIN '' mss. EASEMENT `'�. P 30' 6 �k GLENWOOD w h SCHOOL FOR BOYS < 3 CA g vi W * 4 ("" m �p (L W N 1V ��� _ Z \b.S >< G, 00W 5 thLi r '2J 5 300 ..e. 1109.14' (18.79 CHAINS) T4ifr HENDERSON and BOD WELL,L.L.P. '-SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 3-40-7 CONSULTING ENGINEERS 114 W.DI VERsf Y A VE.,EL MHUR ST.IL.90119 TEL NO(6301814-9406/FAX NO.(6101834-0110 MARCH 1,2006 e-mail. NerMR.rnm P,\C14nt\RssIdsntlel Lend FrM\RLF02\Drawings\EMIr• Skf\Sun v.y Reins\EXMBIT S\GLENVDOD PROPOSED SANITARY AND VATERMAIN\EXHIBIT - GLENWOOD PROPOSED SAN AND VM EASEMENT.dsp 3/1/2006 11.7603 AM CST • 1 THAT PART OF THE NORTHEAST QUARTER OF FRACTIONAL SECTION 3, TOWNSHIP 40 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, POINT BEING 78.54 FEET WESTERLY OF THE NORTHEAST CORNER OF THE AFORESAID NORTHEAST QUARTER OF FRACTIONAL SECTION 3, SAID POINT OF COMMENCEMENT BEING A CROSS CUT ON TOP OF A CONCRETE MONUMENT; THENCE SOUTH 21 DEGREES 13 MINUTES 17 SECONDS WEST, ALONG A LINE DRAWN FROM THE POINT OF COMMENCEMENT (BEING THE NORTHERLY END OF SAID LINE SEGMENT) TO A POINT ON THE SOUTH LINE OF SAID NORTHEAST QUARTER FRACTIONAL SECTION 3 THAT IS 1108.14 FEET (16.79 CHAINS)WESTERLY OF THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER(BEING THE SOUTHERLY END OF SAID LINE SEGMENT) , A DISTANCE OF 446.28 FEET; THENCE NORTH 68 DEGREES 46 MINUTES 43 SECONDS WEST A DISTANCE OF 107.58 FEET; THENCE NORTH 82 DEGREES 49 MINUTES 25 SECONDS WEST A DISTANCE OF 373.74 FEET; THENCE NORTH 88 DEGREES 23 MINUTES 53 SECONDS WEST A DISTANCE OF 483.72 FEET; THENCE NORTH 58 DEGREES 52 MINUTES 26 SECONDS WEST A DISTANCE OF 211.10 FEET; THENCE NORTH 68 DEGREES 25 MINUTES 29 SECONDS WEST A DISTANCE OF 230.50 FEET; THENCE SOUTH 28 DEGREES 13 MINUTES 08 SECONDS WEST A DISTANCE OF 201.72 FEET TO THE POINT OF BEGINNING OF A 30 FOOT WIDE STRIP OF LAND, SAID POINT LYING ON A NORTHERLY LINE OF THE GLENWOOD SCHOOL FOR BOYS PROPERTY; THENCE SOUTH 28 DEGREES 13 MINUTES 08 SECONDS WEST A DISTANCE OF 76.90 FEET; THENCE SOUTH 34 DEGREES 53 MINUTES 09 SECONDS EAST A DISTANCE OF 586.15 FEET; THENCE SOUTH 12 DEGREES 56 MINUTES 15 SECONDS WEST A DISTANCE OF 797.33 FEET; THENCE SOUTH 15 DEGREES 32 MINUTES 16 SECONDS EAST A DISTANCE OF 5.00 FEET TO A SOUTHERLY LINE OF SAID GLENWOOD SCHOOL FOR BOYS PROPERTY; THENCE SOUTH 69 DEGREES 42 MINUTES 25 SECONDS WEST, ALONG SAID SOUTHERLY LINE, A DISTANCE OF 30.10 FEET; THENCE NORTH 15 DEGREES 32 MINUTES 16 SECONDS WEST A DISTANCE OF 15.11 FEET; THENCE NORTH 12 DEGREES 56 MINUTES 15 SECONDS EAST A DISTANCE OF 791. 64 FEET; THENCE NORTH 34 DEGREES 53 MINUTES 09 SECONDS WEST A DISTANCE OF 591.27 FEET; THENCE NORTH 28 DEGREES 13 MINUTES 08 SECONDS EAST A DISTANCE OF 91. 91 FEET TO THE AFOREMENTIONED NORTHERLY LINE OF THE GLENWOOD SCHOOL FOR BOYS PROPERTY; THENCE SOUTH 68 DEGREES 15 MINUTES 23 SECONDS EAST, ALONG SAID NORTHERLY LINE, A DISTANCE OF 30.19 FEET TO THE POINT OF BEGINNING, LYING IN KANE COUNTY, ILLINOIS. EXHIBIT. Z 11111111 II 11111 III 111111111111111111111111 20061018773 This Instrument Prepared 8 0 el 6 F.< 1 1 8 7 7 3 by and Return After SANDY MEG?IAN Recording to: RECORDER - KANE COUNTY, IL William A. Cogley, Esq. RECORDED:18/27/2006 03:31PN City of Elgin REC FEE: 28.00 RHSPS FEE: (' i Legal Department PAGES: 7 (,/ 150 Dexter Court � Elgin, Illinois 60120-5555 i EASEMENT AGREEMENT Yi THIS EASEMENT AGREEMENT made and entered into this I� day of 2006, by and between the CITY OF ELGIN, an Illinois municipal corporation, (hereinafter referred to as the "City"), and GLENWOOD SCHOOL FOR BOYS a/k/a GLENWOOD SCHOOL, an Illinois not-for-profit corporation (hereinafter referred to as the "Grantor"). WITNESSETH WHEREAS, Grantor owns the real property depicted on the Easement Exhibit prepared by Henderson and Bodwell, L.L.P., of Elmhurst, Illinois, dated March 1, 2006, attached hereto as Exhibit A-1 and legally described on Exhibit A-2 attached hereto (the "Grantor's Parcel"); and WHEREAS, the City desires to obtain easements from Grantor for the purpose of installing, constructing, operating, using, maintaining, locating, upgrading, repairing, replacing, or removing underground sanitary sewer lines and water main improvements and other appurtenances related thereto under a portion or portions of the Grantor's Parcel; and WHEREAS, Grantor has agreed to grant such easement for such purpose pursuant to the terms and conditions of this Easement Agreement. NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00) in hand paid to Grantor, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: e� 1. Sewer and Water Easements. Grantor, being the owner of the Grantor's Parcel referenced herein, does hereby grant to the City permanent and exclusive (except as set forth —' in Paragraph 4 hereof) easements to install, construct, operate, use, maintain, locate, upgrade, �, repair, service, remove, or replace underground sanitary sewer lines and water mains, and other underground appurtenances relating to sanitary sewer lines and water mains in, upon, and under those portions of the Grantor s Parcel labeled as "Proposed 30' Sewer and Water realest'rlfglnwd.eas Easement" on Exhibit A-1 attached hereto ("Easement Premises"). No above-ground structures (other than manholes and hydrants) or roadways may be constructed on maintained by the City pursuant to this Easement Agreement. 2. Restoration of Easement Premises. 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. In all construction within the Easement Premises, the following guidelines shall control: a. Topsoil shall be stripped from the entire Easement Premises and stockpiled on Grantor's adjacent property as located and directed by City, provided, however, that in the event Grantor fails to provide such locations and directions to City, the topsoil shall be stockpiled on that portion of Grantor's property adjacent to the Easement Premises, as determined by City. Grantor hereby further grants to City a temporary easement for the purpose of stockpiling topsoil on Grantor's adjacent property; b. Excavated trench spoils shall be stockpiled separate from the topsoil as located and directed by Grantor on Grantor's adjacent property as located and directed by Grantor, provided, however, that in the event Grantor fails to provide such locations and directions to City, the excavated trench spoils shall be stockpiled on that portion of Grantor's property adjacent to the Easement Premises as determined by City. Grantor hereby further grants to City a temporary easement for the purpose of stockpiling trench spoils on Grantor's adjacent property; c. After pipe installation, trench spoils shall be placed back in the trench in uniform layers not exceeding twelve (12) inches thick (loose measure); d. Excess clay material shall be placed over the entire Easement Premises in uniform layers; e. Not less than six (6) inches of topsoil shall be respread over the entire Easement Premises. All remaining topsoil shall be evenly respread over the entire Easement Premises; f. Final grading shall be performed in such a manner that adheres to drainage patterns prior to initiation of the installation; under no circumstances shall there be any ponding of stormwater runoff in areas where ponding did not occur prior to construction contemplated in this Agreement; g. The entire Easement Premises shall be seeded with rye or oats upon completion of final grading. Planting of seed shall occur between May 1 and September realest',rlfglnwd eas I • 30, unless directed otherwise by Grantor; and h. Grantor shall be added as an additional insured party to all insurance policies issued to or on behalf of City with respect to any work within the Easement Premises. The Easement Premises and surrounding premises shall be left free from debris. 3. Indemnification. The City for itself, its agents and independent contractors, hereby agrees to indemnify and hold Grantor and its successors harmless from any and all third party claims for personal injuries or property damage arising directly as a result of the City's work in the Easement Premises during construction or during any subsequent maintenance or repair thereof. The City further agrees to indemnify and hold harmless Grantor from any and all liens placed against the Easement Premises arising from said construction activities. 4. Restrictions: Reservations. The Grantor and Grantor's successors shall not construct any buildings on the Easement Premises nor undertake any other activities on the Easement Premises which unreasonably interfere with the City's intended use of the Easement Premises. Anything contained in this Agreement to the contrary notwithstanding, it is understood that the Grantor shall have (and hereby reserves) the right to (i) construct or otherwise install surface improvements consisting of parking lot improvements, private or publicly dedicated streets and sidewalks, bicycle and pedestrian paths, and landscaping and (ii) install utility lines and related appurtenances which cross perpendicularly through the Easement Premises as reasonably required to service any development on the Grantor s Parcel, provided that such is done in a manner which does not unreasonably interfere with the City's intended use of the Easement Premises. 5. Amendment. No amendment, revision, or modification hereof shall be effective unless it is in writing and signed by all parties hereto. 6. Entire Agreement. This Easement 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. 7. Applicable Law. This Easement Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. 8. Contractors. 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. 9. Warranty of Title. The Grantor hereby represents and warrants to the City that it is the fee simple title holder of the Easement Premises and that it has the full power and realest'rlfglnwd eas w. authority to enter into and make the grant of easement as provided herein. 10. Binding. This Easement Agreement shall be binding on the parties hereto, their successors and permitted assigns and shall run with the land. 11. Recording. This Easement Agreement shall be recorded by the Grantor at the Grantor's cost with the Kane County Recorder. 12. Joint Preparation. This Easement Agreement is and shall be deemed and construed to be the joint and collective work product of the Grantor and the City and, as such, this Easement Agreement shall not be construed against either party, as the otherwise purported drafter of same, by any Court of competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness, or conflict, if any, in the terms or provisions contained herein. 13. Release of Easement. The City may terminate this instrument by recording a release in recordable form with directions for delivery of same, whereupon all rights, duties, and liabilities hereby created shall cease and be of no further force or effect. IN WITNESS WHEREOF, the parties have entered into and executed this Easement Agreement on the date and year first written above. CITY OF ELGIN GLENWOOD SCHOOL FOR BOYS a/k/a Ea OOD SC 1 OL N. B 42Z__ By. Ili_ ►� Mayor President and CEO Attest: City Clerk realest rlfglnwd.eas • 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 Ed Schock, Mayor, and Dolonna Mecum, City Clerk, of the CITY OF ELGIN, personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their free and voluntary act of the uses and purposes therein set forth. Given under my hand and official seal, this\ day of , 2006. "OFFICI }1 SEAL " ---tatSliZS:S:N-)9),c)CIAS\SZn- -- BARBARA E: FURMAN NOTARY PUBLIC, STATE OF ILLINOIS Notary Public MY COMtv4ISSir'; V6/2007 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 John Irwin, President and CEO of GLENWOOD SCHOOL FOR BOYS a/k/a GLENWOOD SCHOOL, 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 the free and voluntary act thereof for the uses and purposes therein set forth. Given under my hand and official seal, this /7 gelay of May , 2006. Cia IAA c L c4.. ',,,,/25,24...-- 7/ Notary Public OFFICIAL SEAL JANICE A ROSE NOTARY PUBLIC STATE OF ILLINOIS MY COMMISSION EXPIRES 04/02/09 real est rlfginwd eas 4 POINT OF COMMENCEMENT EXHIBIT E 3Ro STONY CREEK EASEMENT 2 SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 34-41-7 Mak 35 SANITARY SEWER AND WATERMAIN EASEMENT S 687 3'A.6NORTH UNE OF THE NORTHEAST QUARTER OF SECTION 3-40-741 g, 00 9,5, $ 311 T9 ryno l'2p509 WN`SB40. S 0,3 "Sq(C)78.54' N6 . '4',.': Cu Li N e4.-C/NN/C4,70 s 4" N848'233�3"W N8249'5"W BB 43 k' b r� h N 28'13'08" E S s NG 373.74 �h 91.91' '' p26 98.73. Q. ss. 0 061$, te" °9� �� PROPOSED N e �i KANE COUNTY a 30' SANITARY SEWER s L9FORESTFOREST PRESERVE M 0 F WATERMAIN EASEMENT `' 'mss. 0 N HEREBY GRANTED `'...,. Fo N 0 30' U CC O H GLENWOOD - n w re SCHOOL FOR BOYS �^• D 6. a 0 N r W 3 a U re h ^ 0 ZO n z U N N �,\RC U CT = 0 \b• O ""1 � '� � `N X00 o zJ o 325 IA 15 z in r r. CD 9'A2 Z5 ':, �" 56 300 • c: #b A "Pi AlighiL CD 1108.14' (16.79 CHAINS) HENDERSON and BODWELL,L.L.P. SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 3-40-7 CONSULTING ENGINEERS REVISED JUNE 28,2006 124 W.DI VERSEY A VE,ELMI HURST,IL.,60126 TEL.NO(630)834-9406/FAX NO.(630)834-0329 MARCH 1,2006 ,mail. Iland13.com F.,ClIent\Residential Land Fund\RLF02\Drawings\Entire Site\Survey Plans\EXHIBITS\GLENVOOD PROPOSED SANITARY AND VATERMAIN\EXHIBIT - GLENWOOD PROPOSED SAN AND VM EASEHENT.dwg 6/28/2006 859,40 AM CDT EXHIBIT A-1 THAT PART OF THE NORTHEAST QUARTER OF FRACTIONAL SECTION 3, TOWNSHIP 40 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, POINT BEING 78.54 FEET WESTERLY OF THE NORTHEAST CORNER OF THE AFORESAID NORTHEAST QUARTER OF FRACTIONAL SECTION 3, SAID POINT OF COMMENCEMENT BEING A CROSS CUT ON TOP OF A CONCRETE MONUMENT; THENCE SOUTH 21 DEGREES 13 MINUTES 17 SECONDS WEST, ALONG A LINE DRAWN FROM THE POINT OF COMMENCEMENT(BEING THE NORTHERLY END OF SAID LINE SEGMENT) TO A POINT ON THE SOUTH LINE OF SAID NORTHEAST QUARTER FRACTIONAL SECTION 3 THAT IS 1108.14 FEET (16.79 CHAINS)WESTERLY OF THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER(BEING THE SOUTHERLY END OF SAID LINE SEGMENT) , A DISTANCE OF 446.28 FEET; THENCE NORTH 68 DEGREES 46 MINUTES 43 SECONDS WEST A DISTANCE OF 107.58 FEET; THENCE NORTH 82 DEGREES 49 MINUTES 25 SECONDS WEST A DISTANCE OF 373.74 FEET; THENCE NORTH 88 DEGREES 23 MINUTES 53 SECONDS WEST A DISTANCE OF 483.72 FEET; THENCE NORTH 58 DEGREES 52 MINUTES 26 SECONDS WEST A DISTANCE OF 211.10 FEET; THENCE NORTH 68 DEGREES 25 MINUTES 29 SECONDS WEST A DISTANCE OF 230.50 FEET; THENCE SOUTH 28 DEGREES 13 MINUTES 08 SECONDS WEST A DISTANCE OF 201.72 FEET TO THE POINT OF BEGINNING OF A 30 FOOT WIDE STRIP OF LAND, SAID POINT LYING ON A NORTHERLY LINE OF THE GLENWOOD SCHOOL FOR BOYS PROPERTY; THENCE SOUTH 28 DEGREES 13 MINUTES 08 SECONDS WEST A DISTANCE OF 76. 90 FEET; THENCE SOUTH 34 DEGREES 53 MINUTES 09 SECONDS EAST A DISTANCE OF 586.15 FEET; THENCE SOUTH 12 DEGREES 56 MINUTES 15 SECONDS WEST A DISTANCE OF 797.33 FEET; THENCE SOUTH 15 DEGREES 32 MINUTES 16 SECONDS EAST A DISTANCE OF 5.00 FEET TO A SOUTHERLY LINE OF SAID GLENWOOD SCHOOL FOR BOYS PROPERTY; THENCE SOUTH 69 DEGREES 42 MINUTES 25 SECONDS WEST, ALONG SAID SOUTHERLY LINE, A DISTANCE OF 30.10 FEET; THENCE NORTH 15 DEGREES 32 MINUTES 16 SECONDS WEST A DISTANCE OF 15.11 FEET; THENCE NORTH 12 DEGREES 56 MINUTES 15 SECONDS EAST A DISTANCE OF 791. 64 FEET; THENCE NORTH 34 DEGREES 53 MINUTES 09 SECONDS WEST A DISTANCE OF 591.27 FEET; THENCE NORTH 28 DEGREES 13 MINUTES 08 SECONDS EAST A DISTANCE OF 91. 91 FEET TO THE AFOREMENTIONED NORTHERLY LINE OF THE GLENWOOD SCHOOL FOR BOYS PROPERTY; THENCE SOUTH 68 DEGREES 15 MINUTES 23 SECONDS EAST, ALONG SAID NORTHERLY LINE, A DISTANCE OF 30.19 FEET TO THE POINT OF BEGINNING, LYING IN KANE COUNTY, ILLINOIS. .-] EXHIBIT..L�:lZ