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07-165
Resolution No. 07-165 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR STORMWATER PURPOSES FROM FIRST USA MANAGEMENT SERVICES, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an easement agreement for stormwater purposes from First USA Management Services,Inc., for the property legally described on Exhibit A, a copy of which is attached hereto. s/Ed Schock Ed Schock, Mayor Presented: July 11, 2007 Adopted: July 11, 2007 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk State of Illinois) County of Kane) City of Elgin ) CERTIFICATE OF CITY CLERK I, Diane Robertson, DO HEREBY CERTIFY that I am the duly qualified City Clerk of the City of Elgin, in the Counties of Kane and Cook in the State of Illinois, and that as such City Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal thereof. I DO FURTHER CERTIFY that the attached is a full, true, and correct copy of: RESOLUTION NO. 07-165 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR STORMWATER PURPOSES FROM FIRST USA MANAGEMENT SERVICES, INC. adopted by the Elgin City Council at its legally convened meeting held on July 11, 2007 In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the City of Elgin at the said City in the County and State aforesaid this July 17, 2007. Cit Clerk (SEAL) 11 111 111111E11 This Instrument Prepared By and Return After Recording to: 2QDizi7K076607 William A. Cogley City of Elgin SANDY WEGMAN Legal Department RECORDER - KANE COUNTY, IL 150 Dexter Court REU .iJED; 71E4/2007 1:05 PM Elgin, IL 60120-5555 kEC PHSPS FEE: 10.00 PAGES: E4 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT is made and entered into this Aday of 'tine, 2007,by and between the CITY OF ELGIN, an Illinois municipal corporation, (hereinafter referred to as the "City"), CAPITAL CORPORATE CENTER PROPERTY OWNER'S ASSOCIATION, INC., an Illinois not for profit corporation (hereinafter referred to as the "Association", with the City and the Association being collectively referred to as "Grantee") and First USA Management Services, Inc., a Delaware corporation (hereinafter referred to as the "Grantor"). WITNESSETH: WHEREAS, the Grantor owns certain real property legally described as in Exhibit A attached hereto ("Grantor's Property"); and WHEREAS, Grantor's Property is located south of and adjacent to the subdivision commonly known as Capital Corporate Center in the City of Elgin, Kane County, Illinoisand legally described as on Exhibit B attached hereto ("Capital Corporate Center Subdivision"); and WHEREAS, within said Capital Corporate Center Subdivision is a certain stormwater detention pond situated on Outlot B thereof (the "Outlot B Detention Facility") legally described as on Exhibit C attached hereto; and 1352667v2 WHEREAS, the Association has the obligation to maintain the Outlot B Detention Facility, with the City having the right to perform such maintenance should the Association fail to do so; and WHEREAS, a portion of the land comprising the Capital Corporate Center Subdivision (and served by the Outlot B Detention Facility) naturally drains over the Grantor's Property to that certain stormwater inlet (the "Grantor's Stormwater Structure") situated within the Easement Premises(hereafter defined)on the Grantor's Property; and WHEREAS, the parties have determined that it is in their respective best interests for Grantor to grant to the Grantee an easement over that portion of Grantor's Property legally described on Exhibit D attached hereto (such portion of Grantor's Property legally described on Exhibit D being hereinafter referred to as the "Easement Premises") in order to enable the Association to install and the Grantee to maintain a storm sewer line leading from the Outlot B Detention Facility to the Grantor's Stormwater Structure in order to provide for the sub-surface transmission of such stormwater(the "Subdivision Storm Sewer Line"). 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 Grantee a permanent, non- exclusive easement to install, construct, operate, use, maintain, repair, service, upgrade, replace or remove the Subdivision Storm Sewer Line and appurtenances relating thereto, in, through, under and upon the Easement Premises and connecting to the Grantor's Stormwater Structure. 2. That in connection with the original installation of the Subdivision Storm Sewer Line on the Easement Premises (which work will be done by the Association or its affiliates, and not by the City)the Association, for itself, its agents and independent contractors, -2- 1352667v2 hereby agrees to indemnify and hold Grantor and his successors harmless from third party claims for lien, personal injuries or property damage arising directly as a result of such work in the Easement Premises. 3. That Grantor reserves the right at all times to use the surface and subsurface of the Easement Premises for the Grantor's operations in such manner as the Grantor deems necessary or appropriate,so long as such use does not materially adversely affect the Subdivision Storm Sewer Line. Additionally, Grantor reserves unto itself and its successors the right to relocate the Easement Premises and the Subdivision Storm Sewer Line located therein, at Grantor's sole cost and expense, so long as such relocation(a)is in compliance with law and (b) does not interfere with Grantee's use and enjoyment of the easement rights herein granted. 4. That the Grantee shall complete the initial installation of the Subdivision Storm Sewer Line within the Easement Premises on or before December 31, 2007, with such installation to be in substantial compliance with the engineering plans for same prepared by Spaceco, Inc. and attached hereto as Exhibit E. Further, that within fifteen (15) days following the exercise by the Association and/or the City of any easement rights granted herein, such party 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. (a) That prior to entry upon the Easement Premises, Grantee shall(i) provide to Grantor not less than 72 hours prior notice of such intended entry, (ii)provide to Grantor certificates evidencing those insurance coverages specified in subparagraph 6(c)below, , and(iii)procure and maintain at its own expense, all licenses,consents,permits,authorizations - 3 - 1352667v2 and other approvals in connection with the construction,repair,maintenance,replacement,use and operation of the Subdivision Sewer Line. (b) The Association or its general contractor, within five(5)business days after the execution of this Agreement or before commencing the work whichever is the earliest, shall procure and maintain,at its own expense,the following required insurance of the kinds and limits enumerated hereunder,with companies having at least an AM Best rating of A-VIII. Should the Association or its general contractor at any time neglect or refuse to provide the required insurance, or should such insurance be canceled, Grantor shall have the right upon notification to Grantee of Grantor's intent to do so,procure such insurance and charge the cost thereof to Grantee. The Association or its general contractor may carry,at its own expense, such additional insurance as it may deem necessary. c. REQUIRED INSURANCE. (i) Workers' Compensation and Employer's Liability Insurance in accordance with the applicable laws of the State of Illinois. The policy limit under the Employer's Liability Insurance section shall not be less than One Million Dollars ($1,000,000)for any one accident. The policy shall include a waiver of subrogation against"JPMorgan Chase&Co. and its subsidiaries,directors, officers, employees,and agents." (ii) Commercial General Liability Insurance covering the Easement Premises, and the Subdivision Storm Sewer Line,the performance and provision of the work to be performed within the easement,and everything incidental thereto, with limits of not less than Two Million Dollars($2,000,000) per occurrence combined single limit, or in whatever higher amounts as may be required by Grantor from time to time by notice to the Association,and extended to cover: (A) Contractual Liability assumed by the Association under any agreement regarding the work to be performed in the Easement Premises, and the Subdivision Storm Sewer Line,including without limitation, any Indemnity section,with defense provided in addition to policy limits for indemnities of the named insured; (B) if any of the work is subcontracted, Independent Contractors Liability providing coverage in connection with such • portion of the Easement Premises,the Subdivision Storm Sewer Line or the work performed thereon which may be subcontracted; (C)waiver of subrogation against all parties named as additional insureds,and(D)severability of interest provision. (iii) If automobiles are used in connection with the performance or the work or easement, Automobile Liability Insurance including coverage on owned, hired, and non-owned automobiles and other vehicles,if used in connection with the performance or provision of the Easement Premises,the Subdivision Storm Sewer Line or the work performed thereon,with bodily injury and property damage limits of not less than One Million Dollars ($1,000,000) per occurrence combined single limit. The policy shall include a waiver of subrogation against all parties named as additional insureds. (iv) "JPMorgan Chase & Co. and any and all subsidiaries, directors, officers, employees, and agents as their interests may appear" shall be named as Additional Insureds under the Grantee's Commercial General Liability and Automobile Liability Insurance policies. Grantee's insurance shall be primary, and all insurance carried by Grantee is strictly excess and secondary and shall not contribute with or to Grantee's insurance. -4 - 1352667v2 • The Employer's Liability Insurance,Commercial Liability Insurance, and Automobile Liability Insurance requirements may be satisfied through an Umbrella/Excess Liability Policy. d. CERTIFICATES OF INSURANCE. Certificates of Insurance listing the required coverages in a form acceptable to Grantee, shall be filed with Grantor upon execution of this Agreement (but no later than 5 days prior to the commencement of the work to be performed within the Easement Premises and the Subdivision Storm Sewer Line) and upon the renewal of such policies. Such certificates of insurance shall be sent by Grantee to Grantor at Grantor's principal office,or such other location as Grantor advises Grantee. Such certificates shall provide that Grantor shall be given at least 30 days written notice prior to cancellation or any material change to restrict the coverage or reduce the limits afforded. " (e) Grantee shall at all times observe all laws,rules,statutes and regulations of any governmental authorities having jurisdiction over the Easement Premises. Additionally,prior to its entry onto the Easement Premises to first construct and install the Subdivision Storm Sewer Line, the Association or its general contractor or affiliate shall deliver to the Grantor a straight, irrevocable,unconditional letter of credit("LOC")in an amount equal to 150%of the contract cost to construct the Subdivision Storm Sewer Line being constructed by Grantee,with such LOC expiring not less than six(6)months following the anticipated date of the completion of the Subdivision Storm Sewer Line. Such LOC shall be drawable by Grantor to reimburse Grantor for costs of repairing any damage done to the Grantor Property or any improvements by Grantee or any contractor or subcontractor thereof or to pay or settle and obtain releases of any mechanic's liens upon the Grantor Property resulting from construction of the improvements by Grantee,including any attorneys fees and expenses incurred by Grantor in connection therewith. 7. That the Grantee shall at all times, at its expense, be solely responsible for the maintenance,repair and replacement of the Subdivision Storm Sewer Line. 8. That each of the Association and the City(each an "Indemnitor"),for itself, its agents and independent contractors, hereby agrees to indemnify and hold Grantor and his - 5 - 1352667dL successors harmless from third party claims for personal injuries or property damage arising directly as a result of such Indemnitor's work in the Easement Premises during construction or during any subsequent maintenance or repair thereof. Further, each of the City and the Association covenant that it shall not permit any mechanics'lien to be filed or maintained against the Grantor's Property or Easement Premises as a result of any work performed by or under the • said City or Association (as the case may be). Each Indemnitor further agrees to indemnify and hold harmless Grantor from any and all liens placed against the Grantor's Property or Easement Premises arising from any construction activities conducted by such Indemnitor (whether on Grantor's Property or within the Subdivision). Neither Indemnitor shall be required to indemnify • the Grantor from any matter arising from the acts or omissions of the other Indemnitor. 9. That this agreement constitutes the entire agreement between the parties regarding the subject matter set forth herein and is intended as a complete and exclusive statement of the terms of the parties as to the subject matter of this 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. 10. That this agreement shall be governed by and construed in accordance with the laws of the State of Illinois. 11. That it is understood and agreed that the Association and the City may utilize the services of third party contractors, employees or other agents to perform work in the Easement Premises. 12. That the Grantor hereby represents and warrants to the Association and the City that Grantor 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. -6- 1352667v2 13. That this agreement shall be binding on the parties hereto, their successors and permitted assigns and shall run with the land. 14. That this agreement shall be recorded by the Association at the Association's cost with the Kane County Recorder. [signature page follows] -7 - 1352667v2 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 First USA municipal corporation Management Services,Inc., a Delaware corporation B By: ,- Mayor its $ c Et.�c 6�.4n7r Attest: City Clerk CAPITAL CORPORATE CENTER PROPERTY OWNER'S ASSOCIATION,INC. i t Its I'b - 8 - 1352667W2 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 and Done► ei personally known to me to be the Mayor and City Clerk, respectively, of the City of Elgin, Illinois, and 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 acts, and as the free and voluntary act of the City of Elgin, Illinois for the uses and purposes therein set forth. Given under my hand an official seal, this` day of 'VA 2007. t Ilk I sitALik Nit. Public II "OFFICIAL SEAL" STATE OF ILLINOIS ) KATHRYN J. GRANZOW ) SS. Notary Public,State of Illinois COUNTY OF K A N E ) My Commission Expires 10/2/2010 i I, the un a .i las ed, . Public, i and for said County, in the State aforesaid, do hereby certify th f nally known to me to be the same person whose name is sub en a ed to the foregoing instrument and to be the President of Capital Corporate Center Property Owners' Association, appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his free and voluntary act and as the free and voluntary act of said Capital Corporate Center Property Owners' Association for the uses and purposes therein set forth. Given under my hand an official seal,thi f, A day of y, 2007. art I Not. ' i is y..::---- _��. "OFFICIAL SEAL" t ELAINE i KOMORSKI 8a�i i COMMISSION EXPIRES 07/29/07 A -9- 1352667v2 STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) N Es✓casrt I,the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that pAlt/o A PEA-,-44)i personally known to me to be the same person whose name is subscribed to the foregoing instrument and to be the s✓P of First USA Management Services, Inc. appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his free and voluntary act, and as the free and voluntary act of said corporation,for the uses and purposes therein set forth. 0 411 Given under my hand an official seal,this /0 day of May,2007. keiahu eG64--CA Notary Public - 10- 1352667v2 EXHIBIT"A" (Legal Description of Grantor's Property) - 11 - I 352667v2 05/10/2007 08:56 6302325945 KANE COLNTY RECORDER PAGE 05/08 • . EXHIBIT"A" LEGAL DESCRIPTION PARCEL 7: • THAT PART OF LOTS 26 AND 27 OF WESTFIELD BUSINESS PARK PLAT NO.2,BEING A SUBDIVISION OF PART OP THE NORTHEAST 'A OF SECTION 31,TOWNSHIP 42 NORTH,RANGE 8 EAST OF THE THIRD PRINCIPAL MEW AN,DESCRIBED AS FOLLOWS; BEGINNING AT THE MOST SOUTHERLY SOUTHEAST CORNER OF SAID LOT 26; THENCE NORTHEASTERLY, ALONG A SOUTHEASTERLY LINE OP SAID LOT 26 BEING ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 315.00 FEET • AND A CHORD BEARING OF NORTH 20 DEGREES 42 MINUTES 4$ SECONDS EAST,•AN ARC DISTANCE OF 83.56 FEET TO A LINE THAT IS 78.54 FEET, AS MEASURED AT RIGHT ANGLES, NORTHERLY OF AND PARALLEL WITH THE SOUTH LINE OF SAID LOT 26; THENCE NORTH 88 DEGREES 47 MINUTES 45 SECONDS WEST,ALONG SAID PARALLEL LINE, A DISTANCE OF 63.08 FEET;THENCE NORTHWESTERLY,ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 14.00 FEET,TANGENT TO THE LAST DESCRIBED COURST,AN ARC DISTANCE OF 21,37 FEET;THENCE NORTHERLY,AL ONG A CURVE TO THE RIGHT HAVING A RADIUS OF 339.00 FEET,TANGENT 7'O THE LAST DESCRIBED CURVE,AN ARC DISTANCE OF 108.83 FEET;THENCE NORTHERLY,ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 92.00 FEET, TANGENT TO THE LAST DESCRIBED CURVE,AN ARC DISTANCE OF 76.97 FEET;THENCE NORTHERLY,ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 23.00 FEET.TANGENT TO THE LAST DESCRIBED CURVE,AN ARC DISTANCE OF 12.89 FEET;THENCE NORTH 01 DEGREES 12 MINUTES 18 SECONDS EAST,TANGENT TO THE LAST DESCRIBED CURVE, A DISTANCE OF 73.62 PEEr; THENCE NORTHEASTERLY, ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 5,00 FEET. TANGENT TO THE LAST DESCRIBED COURSE,AN ARC DISTANCE OF 7.04 FEET;THENCE NORTHEASTERLY,ALONG A.CURVE TO THE LEFT HAVING A RADIUS OF 9530 FEET, TANGENT TO THE LAST DESCRIBED CURVE, AN ARC DISTANCE OF 338.85 FEET;THENCE NORTHEASTERLY,ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 5.00 FEET, TANGENT TO THE LAST DESCRIBED CURVE, AN ARC DISTANCE OF 7.04 FEET; THENCE SOUTH 88 DEGREES 47 MINUTES 42 SECONDS EAST, TANGENT TO THE LAST DE8CRI1,ED CURVE,A DISTANCE OF 172.94 FT;EE;THENCE EASTERLY,ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 18.00 FEET AND A CHORD BEARING OF SOUTH 75 DEGREES 46 MINUTES 23 SECONDS EAST, AN ARC DISTANCE OF 8.6I FEET; THENCE SOUTHEASTERLY AND NORTHEASTERLY,ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 52.00 FEET,TANGENT TO • THE LAST DESCRIBED CURVE, AN ARC DISTANCE OF 68.44 FEET; THENCE NORTHEASTERLY, SOUTHEASTERLY AND SOUTHWESTERLY,ALONG A CURVE TO THE RIG TT PAVING A RADIUS OF 69.00 FEET, TANGENT TO THE LEFT DESCRIBED CURVE, AN ARC DISTANCE OF 197.75 FEET; THENCE SOUTHERLY,ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 79.00 FEET,TANGENT TO THE LAST DESCRIBED CURVE,AN ARC DISTANCE OF 5E53 FEET;THENCE SOUTH 12 DEGREES 49 MINUTES 18 SECONDS EAST,A DISTANCE OF$1.39 FEET TO THE SOUTHEASTERLY LINE OF SAID LOT 26;THENCE NORTHEASTERLY,ALONG THE SAID SOUTHEASTERLY LINE OF LOT 26,BEING• • ALONG A CURVE TO THE LEFT.HAVING A RADIUS OF 267.00 PEET AND A CHORD BEARING OF ' NORTH 68 DEGREES 39 MINUTES 51 SECONDS EAST,AN ARC DISTANCE OF 210,08 rem THENCE NORTH 46 DEGREES 07 MINUTES 25 SECONDS EAST,ALONG THE SAID SOUTHEASTERLY LINE OP LOT 26,TANGENT TO THE LAST DESCRIBED CURVE,A DISTANCE OF 112.83?SET TO THE MOST EASTERLY CORNER OF SAID LOT 26;THENCE NORTH 43 DEGREES 52 MINUTES 34 SECONDS WEST,ALONG AN EASTERLY LINE OF SANT)LOT 26,A DISTANCE OF 50,00 FEET;THENCE NORTH 01 DEGREES 12 MINUTES 15 SECONDS EAST,ALONG THE EAST LINE OF SAID LOT 26,A DISTANCE OF 386.22 FEET TO MB NORTHEAST CORNER THEREOF;THENCE NOR'T'H 88 DEGREES 47 MINUTES 42 SECONDS WEST,ALONG THE NORTH LINE OF SAID LOTS 26 AND 27,A DISTANCE OF 1941.95 FEET TO THE NORTHWEST CORNER OF SAID LOT 27; 'MEECH SOUTH 0I DEGREES 46' MINUTES 55 SECONDS WEST,ALONG TIME WEST LINE OF SAID LOT 27,A DISTANCE OF'741.04 FEET TOA LINE THAT IS 741,00 FEET,AS MEASURED AT RIGHT ANGLES,SOUTHERLY OF AND PARALLEL WITH THE NORTH LINE OF SAID LOT 27;THENCE SOUTH 88 DEGREES 47 MINUTES 42 SECONDS EAST.ALONG SAID PARALLEL LINE,A DISTANCE OF 417.09 FEET TO A LINE THAT IS 66.00 FEET;AS 3 • 05/10/2007 08:56 6382325945 KANE COUNTY RECORDER PAGE 06/08 r • EXHIBIT A • LEGAL DESCRIPTION • (pagc 2) MEASURED AT RIGHT ANGLES,WESTERLY OF AND PARALLEL WITH THE WEST LINE OF LOT 7 OF WESTFIELD BUSINESS PARK, BEING A SUBDIVISION OF PART OP THE SAID NORTHEAST Y. OF SECTION 31;THENCE SOUTH 81 DEGREES 12 MINUTES 15 SECONDS WEST,ALONG SAID PARALLEL LIME, A DISTANCE OF 53891 FEET TO THE SOUTH LINE OF SAID LOT 27; THENCE SOUTH 88 DEGREES 47 MINUTES 45 SECONDS EAST,ALONG SAID SOUTH LINE,A DISTANCE OF 66.00 FEET TO A SOUTHEAST CORNER OF SAID LOT 27 ALSO BEING THE SOUTHWEST CORNER OF SAID LOT 7, THENCE NORTH 01 DEGREES 12 MINUT881 S SECONDS EAST,ALONG THE WEST LINE OF SAID LOT 7,A DISTANCE OF 450.00 PEST TO THE NORTHWEST CORNER OF SAID LOT 7;THENCE SOUTH 88 DEGREES 47 MINUTES 45 SECONDS EAST, ALONG A SOtftH LINE OF SAID LOTS 27 AND 26, A DISTANCE OF 821.78 FEET TO THE POINT OF BEGINNING,BEING SITUATED IN THE CITY OF ELGIN, KANE COUNTY,ILLINOIS. FARCE.,2; THAT PART OF LOT 26 OF WESTFIELD BUSINESS PARK PLAT 240.2,BEING A SUBDIVISION OF PART OF THE NORTHEAST QUARTER OF SECTION 3), TOWNSHIP 42 NORTH, RANGE 8 EAST OP THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHERLY SOUTHEAST CORNER OF SAID LOT 26:THENCE NORTHEASTERLY ALONG A SOUTHEASTERLY LINE OF SAID LOT 26 BEING ALONG A maw.TO THE RIGHT HAVING A RADIUS OF 315.00 FRET AND A CHORD REARING Of NORTH 20 DEGREES 42 MINUTES 45 SECONDS EAST,AN ARC DISTANCE OF 8336 FEET TO.A LINE THAT 1S 78.54 FEET,AS MEASURED AT RIGHT ANGLES,NORTHERLY OF AND PARALLEL WITH THE SOUTH LINE OF SAID LOT 26 FOR THE POINT OF BEGINNING; THENCE NORTH 88 DEGREES 47 MIND CES 45 SECONDS WEST,ALONG SAID PARALLEL LINE,A DISTANCE OF 61.08 T;THENCE NORTHWESTERLY,ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 14.00 FEET, TANGENT TO THE LAST DESCRIBED COURSE. AN ARC DISTANCE OF 2137 Nita, THENCE NORTHERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 339.00 FEET, TANGENT TO THE LAST DESCRIBED CURVE, AN ARC DISTANCE OF 108.83 FEET; THENCE NORTHERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 92.00 FEET,TANGENT TO THE • LAST DESCRIBED CURVE, AN ARC DISTANCE OF 76.97 FEET; THENCE NORTHERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 23.00 FEET TANGENT TO VIE LAST DESCRIBED CURVE,AN ARC DISTANCE OF 12.89 FEET;THENCE NORTH 01 DEGREE 32 MINUTES 18 SECONDS EAST, TANGENT TO THE LAST DESCRIBED CURVE, A DISTANCE OF 73.62 FEET; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 5.00 FEET,TANGENT TO THE LAST DESC D3ED COURSE, AN ARC DISTANCE OF 7.04 FEET; THENCE NORTHEASTERLY, ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 95.50 FEET, TANGENT TO THE LAST DESCRIBED CURVE, AN ARC DISTANCE OF 118.85 PEET; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 5.00 FEET, TANGENT TO THE LAST DESCRIBED CURVE.AN ARC DISTANCE OF 7.04 FEET,THENCE SOUTH 88 DEGREES 47 MINUTES 42 SECONDS EAST TANGENT TO THE LAST DESCRIBED CURVE, A DISTANCE OF 172.94 FEET; THENCE EASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 18.00 FEET AND A CHORD BEARING OF SOUTH 75 DEGREES 46 MINUTES 23 SECONDS EAST AN ARC DISTANCE OF 8.61 FEET; THENCE SOUTHEASTERLY AND NORTHEASTERLY, ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 52.00 FEET,TANGENT TO THE LAST DESCRIBED CURVE,AN ARC DISTANCE OF 68.44 FEET;THENCE NORTHEASTERLY,SOUTHEASTERLY AND SOUTHWESTERLY,ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 69.00 FEET,TANG 1T TO THE LAST DESCRIBED CURVE,AN AEC DISTANCE OP 197.75 FEET;THENCE SOUTHERLY ALONG A CURVE TO THE LEFT IIAVINO A RADIUS OF 79.00 FEET,TANGENT TO THE LAST DESCRIBED CURVE, AN ARC DISTANCE OF 54.53 FEET; THENCE SOUTH 12 DEGREES 49 MINUTES TES 18 SECONDS EAST,A DISTANCE OF 81.39 FEET TO THE 4 05/10/2007 BB:56 6302325945 KANE COUNTY RECORDER PAGE 07/08 EXHIBIT A LEGAL DESCRIPTION HBc 3) SOUTHERLY LINE OF SAID LOT 26;THENCE NOR'T'H 88 DEGREES 47 MINUTES 45 SECONDS WEST ALONG SAID SOUTHERLY LINE A DISTANCE OF 103.00 FEET; THENCE WESTERLY AND • - SOUTHWESTERLY ALONG A SOUTHEASTERLY LINE OF SAID LOT 26,BRING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 315.00 FEET,TANGENT TO THE LAST DESCRIBED COURSE,AN ARC DISTANCE OF 34517 FEET TO THE POINT OF BEOINNINO, IN THE CITY OF ELGIN, KAM COUNTY,ILLINOIS. PARCEL 3: • LOT 9 OF WESTFIELD BUSINESS PARK, EBING A SUBDIVISION OF PART OF THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 0 EAST OF THE THIRD PRINCIPAL MERIDIAN.BEING SITUATED IN THE CITY OF ELGIN,KANE COUNTY,ILLINOIS PARCEL 4; LOTS 7 AND 8 IN WESTFIELD BUSINESS PARK, A SUBDIVISION OF PART OF THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL . MERIDIAN,IN KANE COUNTY,ILLINOIS. ADDRESS OF PROPERTY; 2450 Wertfleld Drive,Elgin,Illinois 2500 Westfield Drive,Elgin,Illinois PIN: 03-31-276-002 03.31.276.016 • • 03-31-276-003 03.31.276-017 03-31-276-004 03-31-276-018 03-31476.0I2 03.31476.020 03-31-276-013 03-31-276-021 • S �. �• - • EXHIBIT "B" (Legal Description of Capital Corporate Center Subdivision) 1352667v2 EXHIBIT B CAPITAL CORP CENTER-LEGAL DESCRIPTION SURVEYORS DESCRIPTION THAT PART OF THE NORTHEAST QUARTER OF SECTION 31,TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A "MAG NAIL" AT THE NORTHEAST CORNER OF SAID SECTION 31;THENCE SOUTH 00 DEGREES 42 MINUTES 09 SECONDS WEST ALONG AN ASSUMED BEARING, BEING THE EAST LINE OF SAID SECTION A DISTANCE OF 971.76 FEET TO A POINT ON THE EASTERLY EXTENSION ON THE NORTH LINE OF WESTFIELD BUSINESS PARK PLAT NO. 2,ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 6, 1989 AS DOCUMENT NUMBER 2012687;THENCE NORTH 89 DEGREES 58 MINUTES 43 SECONDS WEST ALONG • SAID EASTERLY EXTENSION 400.96 FEET TO THE NORTHEAST CORNER OF PROPERTY CONVEYED BY WARRANTY DEED RECORDED AS DOCUMENT NUMBER 2005K019712, SAID POINT BEING THE POINT OF BEGINNING;THENCE CONTINUING NORTH 89 DEGREES 58 MINUTES 43 SECONDS WEST ALONG THE NORTH LINE OF SAID WESTFIELD BUSINESS PARK PLAT NO. 2,A DISTANCE OF 2240.99 FEET TO THE NORTHWEST CORNER OF SAID WESTFIELD BUSINESS PARK PLAT NO. 2, SAID POINT BEING ON THE WEST LINE OF SAID NORTHEAST QUARTER;THENCE NORTH 00 DEGREES 36 MINUTES 23 SECONDS EAST ALONG SAID WEST LINE 985.61 FEET TO A "PK NAIL" AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER PER DOCUMENT NUMBER 94K009395; THENCE SOUTH 89 DEGREES 40 MINUTES 41 SECONDS EAST ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER 1635.21 FEET TO A POINT 1008.28 FEET WEST(AS MEASURED ALONG SAID NORTH LINE)OF THE FOREMENTIONED NORTHEAST CORNER OF SAID NORTHEAST QUARTER, SAID POINT BEING ON THE WEST LINE OF THE NORTHWEST TOLLWAY(1-90) ACCORDING TO CIRCUIT COURT GENERAL NUMBER S6-1213 FILED MAY 27, 1957; THENCE SOUTH 00 DEGREES 20 MINUTES 09 SECONDS WEST ALONG THE LAST DESCRIBED LINE 23.27 FEET;THENCE SOUTH 67 DEGREES 10 MINUTES 51 SECONDS EAST 116.50 FEET ALONG THE LAST DESCRIBED LINE;THENCE SOUTH 47 DEGREES 45 MINUTES 51 SECONDS EAST ALONG THE LAST DESCRIBED LINE 118.24 FEET TO A POINT ON THE WEST LINE OF ISTHA PARCEL N-4D-105 PER FINAL JUDGMENT RECORDED AS DOCUMENT NUMBER 2002K018471;THENCE SOUTH 31 DEGREES 22 MINUTES 12 SECONDS EAST ALONG THE LAST DESCRIBED LINE 251.01 FEET; THENCE SOUTH 22 DEGREES 47 MINUTES 59 SECONDS EAST ALONG THE LAST DESCRIBED LINE 358.42 FEET;THENCE SOUTH 26 DEGREES 20 MINUTES 32 SECONDS EAST ALONG THE LAST DESCRIBED LINE 295.72 FEET TO THE SOUTHWEST CORNER OF ISTHA PARCEL N-4D-105 PER SAID FINAL JUDGMENT; THENCE SOUTH 00 DEGREES 32 MINUTES 36 SECONDS WEST 19.53 FEET TO THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS. SAID PARCEL CONTAINS 1,962,350 SQUARE FEET OR 45.049 ACRES, MORE OR LESS. N:\Projects\42971SURVEY\LEGALS\new Igl.doc EXHIBIT "C" (Legal Description of Outlot B) 1352667v2 EXHIBIT C-OUTLOT B LEGAL PROPERTY DESCRIPTION-PROPOSED OUTLOT B THAT PART OF THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A PK NAIL FOUND AT THE • • NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION • PER DOCUMENT NUMBER 94K009395; THENCE SOUTH 00 DEGREES 36 MINUTES 23 SECONDS WEST ALONG THE WEST LINE OF SAID NORTHEAST QUARTER 668.16 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00 DEGREES 36 MINUTES 23 SECONDS WEST ALONG SAID WEST LINE 317.45 FEET TO A POINT ON THE NORTH LINE OF WESTFIELD BUSINESS PARK PLAT NO. 2,ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 6, 1989 AS DOCUMENT NUMBER 2012687;THENCE SOUTH 89 DEGREES 58 MINUTES 43 SECONDS EAST ALONG SAID NORTH LINE 419.90 FEET; THENCE NORTH 00 DEGREES 01 MINUTES 17 SECONDS EAST 56.89 FEET; THENCE NORTH 54 DEGREES 33 MINUTES 59 SECONDS WEST 448.74 FEET; THENCE NORTH 89 DEGREES 23 MINUTES 37 SECONDS WEST 50.95 FEET TO SAID WEST LINE ALSO BEING THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS. SAID PARCEL CONTAINS 85,026 SQUARE FEET OR 1.952 ACRES MORE OR LESS. N:1Projects44297\SURVEYILEGALS14297.SDS.05222007.PROPOSED_OUTLOT B.doc EXHIBIT "D" (Legal Description of Easement Premises) 3 52667 v2 EASEMENT EXHIBIT DPI"' Locrnorl MAP PART OF OS-37-276-021 N.T.51 .... —.. H I_. w5101 RD _'` PROPERTY MCA IITIONPRAECTpF Try NppT Ryi pyRr( l `' iE TIOM NTun PART p LOT IVI'I 41 1 SINEWY7 IN .RaNCF�.[.ST OF BUSINESS TRE TRIRO 7 140. NO6Awd PRINCIPAL ERID1MI.PAC KING TO THE PLAT IIIEREOF OECOFCOD DELEIOER 6.1707 AS DOCUNCRT 00T 010617.OE50RI000 AS 00.1.0 S% ALR LN 11 TWEE 1 MTh IIS0A00p0(0NO AT 5 SS 14111NJTESSOOA43 SEC.10SCF SEASTLKd6 TILT'�E7IEORTH '1 c SEOCON05(E0A551 ALONG00S4 D3NORCN 1 130.W°FMETt T 6rNERCE SWiN� rrN6ER a040 00 OCCIIEEyEL0R)EUINUT0L 1T 500000 VEST 10.00 FEETt VICTIM T1ENNORTC E'N01TH 005DEGREME5�015YIMIT SECONDS SMCMDS BT EASTF 10.00 FEET TO THE POINT OF BEGINNING. IN LOU COUNTY. ILLINOIS. SAID PARCEL CONTAINS 300 SQUARE FEET q 0.007 AGES MORE ON LESS /A OE w9 -r y S is aQ O . 311951,13•E .�O`"' NT OF BEGINNING 58956'43"E N ........T31.9S1R'...-... `,I . MTV P01 . N. 70.00',. NORTH LINE OF LOT 27 '♦i `' :1' c 0 30.00' 0 4411y�j A.H1 rt ITT FASFIPMT lwmnsteNs POINT OF COMMENCEMENT ! r- 146956'43"W NON- TIL SIVE NORTHWEST ODDER O, DRAINAGE & IL EASEMENT AN f00.US1YE EAs[AEOT MEM SNOSRI HEREON Al.'OA{ROUSTUT OF Lor 27 o-. HEREBY GRANTED RICHT.LE.IN 000001 OTHER GRANTEES'15'MEOW RESERVED TOR {\ / ^OD AO GRANTED TO THE CITY OF DAN NO ITS ulr0csna A0 ASSIONS �.\ i 2 PART OF LOT 27 --- ^``� LOT 26 FOR 71E INSTALLATION,Y.INTERANCE•RELOCATIDN.RENEDAL NO Z , t Z --- �\` e REYDYAL OF niROVFAENTS AC APPURTENANCES TO SERVE TACK AN 011400 LINOS WITH WOW,SEWER.STORY 55010.STORY 010RIACE. WATOWTL PEOESTIIAI RALRWAYS.Ul0ICIPAL STOWAGE 010 OTHER N `'N. 1) p �,,�* a.7�E `��� I3 ANAICPA1.OR PUIL10 UTILITY FII 01Es OESIONATE0 1Y SAO CITY, °Wity4> �.� Y (NQI.UNDER 140 IP01 TIC MEAS HEREON IOEN1DED AS OW/AM*00 \�\ . ..W 0 ''''.2.. UTILITY E0E[KNT. L..'' NO STOACTURE POLI EE ERECTED OYER 5.440 AREAS,Wr SANE NAT IC 6 --\ USED FOR LAIOSCAPINO.P01CN0.PARADE OR OTHER PURPOSES IF APPROYO IT TIE CITY OF ELGIN.R SUCH USE DOES NOT r1EN 0R LATER INTERFERE MTN THE ATOOADOIOE0 PURPOSES. UTILITIES 1Y OTTERS SEEL BE FEI1R7=FD TO MOSS LU0 MEAS AT RICHT AN0E5 TEEM TOMER NO ELECTRICAL 1114*YORFO;5WIT010C EOUP4ENT,DRCIION SOM.ETC.50)00.SE ERECTED ON SAID LAEO5 DUE 70 SUCH CROSSINGS PREPAREDp1FOR: REVLTCNg N 044. CONSTRUCTION.LLC M orrov7oor 2325 DEAN STREET. SUITE 900 0 _ ,n,N' ST. CHARLES. II. 60175 PURPOSES O fel d Y ' 9575W.HOpyyy Rom.3,411,47 oD. r PHONE: (630) 587-2000 tOV.ronLOFebaaolN — KnH.NE scFLE.r ]O PRHM1:1847)d96a010 TOR:@O)696400$ NM 4201000E-01ncx EXHIBIT "E" (Spaceco Engineering Plans) 1352667v2 A117,1- C _ .l KEY MAP i -x— i i 111.1ii1 ©. la� 01002. .1110 ' I 0 10 0 .SKI WI 00,otos.0 uur i. 10 WT 1 ;Err • 111;i , ,,.:«=.,==.1.4=.====,®cm®..k NIl4TCMJNE SEE SHUT un 1 Eo- . LOT 8 LOT 2 tl 1 QQ W .,X'...."34: i'''",..54.......,,rox... ,..... ,••••.......*.. .....1.. . I iill OUTLOTta +\~• ran.�.�ly i ! 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W hL•:S':«'3'L•7.K.`..:..�;"'. �•r• //I', .1 ��,`,I/y-- mit '':��',"'.°a`,Z�...y"Fs..r,.5:..o ii•.tgtvi1r r... ilei;:'.i,r1„7,Fru. •.k'.;3'S':G'.1�`i:y,".'. De ere,r.r".,..,a ' — ,.mu. ! I 1.- / - �9L�"Vr"°",C K 4tl".rt�c••, ^.. i�.:�'."•`141rerr`. 'tlaYl. L, I,a.a���..■ + .1 'a: ,1 jualm�r .jiri rmasrsal,. Fll s4..A1.1.14.-0-...11..t° naE:ttuasr �`=Em w_M "";;l i ra"sEN:'' 6""":s: p ' ���"ill !i -•ay.ss9i w:lw,sa:x. tt si u-1..,.s ax _�I Crt," Fr:l'iMli .;;=r"M▪ew alw. SCHNELL, BAZOS, FREEMAN, KRAMER, SCHUSTER & VANEK A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW 1250 LARKIN AVENUE,SUITE 100 PETER C BAZOS ELGIN,ILLINOIS 60123 BRADLEY T.FREEMAN TELEPHONE(847)742-8800 ROBERT S.KRAMER FAX (847)742-9777 MARK SCHUSTER E-mail—pbazos( sbfklaw.com GARY M.VANEK THEODORE N. SCHNELL,JR.-Retired ANDREW E.KOLB SCOTT P. LARSON July 30, 2007 VIA HAND DELIVERY Attn: Kathy, Clerk's office City of Elgin 150 Dexter Ct. Elgin, IL 60120 Re: Recorded Easement Agreement - Capital Corporate Center Property Owner's Association, Inc. Dear Kathy: Enclosed please find the Recorded Easement Agreement with the original signatures of Mayor Ed Schock and City Clerk, Diane Robertson. You had requested this for your records. Very truly yours, e. Nancy . Pickens nrp Enclosure W:\WORK\35669\Ltr to City Clerk 073007.doc , City of Elgin , 4 , Mayor irEd Schock 0 -4.•/TED4 Council Members Juan Figueroa Robert Gilliam David J.Kaptain Michael Powers F John Steffen John Walters City Manager Olufemi Folarin July 17, 2007 Mr. Peter C. Bazos Attorney at Law 1250 Larkin Avenue, Suite 100 Elgin, IL 60123 Dear Peter: Attached please find a certified copy of item C-2 from the July 11, 2007 Elgin City Council agenda,titled "Resolution Authorizing Execution Of An Easement Agreement For Stormwater Purposes From First USA Management Services, Inc.". In accordance with your request, I am enclosing two sets of the attached agreement for this resolution, to be recorded at the Kane County Recorder, by your office: Please have one recorded copy returned to the Elgin City Clerk's office for our files. Sincerely, C?ati\ Diane Robertson %. City Clerk v\ ----- DR/kj g , Enclosures ato±)44 1 47' b 6 , 150 Dexter Court • Elgin, IL 60120-5555 • Phone 847/931-6100 • Fax 847/931-5610 •TDD 847/931-5616 www.cityofelgin.org ePrinted on recycled paper _ _.