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Home My WebLink About10-0223 Bowes Road Recorded 1 .,11111111111111iiiilii 1° - "38' This Instrument Prepared L2 0 1 0KCd 1 4Qi63 by and Return After L:;f- I'%JDY LEGMAN Recording to: - KANE COUNTY. IL Christopher J. Beck City of Elgin ti' Legal Department` 150 Dexter Court Elgin IL 60120-5555 EASEMENT AGREEMENT BOWES ROAD INTERCEPTOR—TRUNK 20 PROJECT THIS EASEMENT AGREEMENT made and entered into this 23,41 day of f'C6rka� 2010, by and between the City of Elgin, an Illinois municipal corporation, (hereinafter referred to as the "City"), and Funk Properties Limited, an Illinois corporation (hereinafter referred to as the "Owner"). WITNESSETH WHEREAS,the Owner is the owner of record of the real property depicted on Exhibit G-1, attached hereto and incorporated herein by this reference, said property consisting of approximately 50.49 acres in Kane County, Illinois (hereinafter referred to as the "Subject Property"); and, WHEREAS,the City desires to obtain a permanent easement from the Owner for the purposes of constructing, maintaining, operating and repairing a sewer line, relating to the City's Bowes Road Interceptor Sewer— Trunk 20 ("BRIS-20") Project, over that portion of the Subject Property depicted by the areas designated "40 Foot Wide Sanitary Sewer Easement #1 and #2"on Exhibit G-2 and legally described on Exhibit G--3, to he attached hereto and incorporated herein by this reference (hereinafter referred to as the "BRIS-20 Sanitary Sewer Easement Premises"); and, WHEREAS,the City further desires to obtain temporary construction easements from the Owner for the purposes of constructing said sewer line over those portions of the Subject ,7„- • Property depicted by the areas designated "30 Foot Wide Temporary Construction Easement #1" through"30 Foot Wide Temporary Construction Easement#4, both inclusive, on Exhibit G-2 and legally described on Exhibit G-3 (hereinafter referred to as the"BRIS-20 Temporary Construction Easement Premises"); and, WHEREAS, the Owner has agreed to grant such easements to the City for such purposes and pursuant to the terms and conditions of this Easement Agreement. NOW, THEREFORE, for and in consideration of Thirty Thousand Dollars ($30,000.00)in hand paid to the Owner, and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. That the Owner,being the owner of the Subject Property,does hereby grant to the City a permanent and exclusive easement to install, construct, operate, use, maintain, locate, upgrade, repair, service, remove or replace sewer lines, along with any appurtenances or facilities related thereto,within,over,under,along,across and through the BRIS-20 Sanitary Sewer Easement Premises. 2. That the Owner does hereby further grant to the City a temporary construction easement allowing access over, within, under, along, across and through, and use of the BRIS-20 Temporary Construction Easement Premises for the purpose of constructing,installing,maintaining, operating or repairing said sewer line under and through the above-described BRIS-20 Sanitary Sewer Easement Premises. The temporary construction easement hereby granted shall be deemed terminated after the thirty-six(36)month period following the commencement of construction of the sewer line improvements within the BRIS-20 Sanitary Sewer Easement Premises. 3. That following the exercise by the City of any easement rights granted herein, the City shall promptly repair and restore the BRIS-20 Sanitary Sewer Easement Premises and the - 2 - 1 BRIS-20 Temporary Construction Easement Premises to the same condition as existed immediately prior to the existence of such rights as is reasonably practicable and shall leave the BRIS-20 Sanitary Sewer Easement Premises and the BRIS-20 Temporary Construction Easement Premises and surrounding premises free from debris. 4. In the construction of the sewer line within the BRIS-20 Sanitary Sewer Easement Premises, the City agrees that the following guidelines shall control: A. Topsoil shall be stripped from the applicable easement parcel and stockpiled within areas designated by the Owner; B. Excavated trench spoils shall be stockpiled separate from the topsoil and stockpiled within areas designated by the Owner; C. After pipe installation, trench spoils shall be placed back in the trench in uniform layers not exceeding twelve (12) inches thick (loose measure) and each layer shall be compacted with mechanical equipment to ninety percent (90%) of maximum density as determined by the Standard Proctor Test; D. Excess clay material shall be placed over the entire easement parcel in uniform layers and compacted to the specifications set forth in the foregoing subparagraph C; E. Approximately six (6) inches of topsoil shall be respread over the entire easement parcel and the unused topsoil shall remain in the stockpile; 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 Easement Agreement; and, G. The entire easement parcel shall be seeded with rye or oats upon completion of final grading. Planting of seed shall occur between May 1 and September 30, unless directed otherwise by the Owner. 5. That the City for itself,its agents and independent contractors,hereby agrees to indemnify and hold the Owner and its successors harmless from third party claims for personal injuries or property damage arising directly as a result of the City's work in the BRIS-20 Sanitary - 3 - • Sewer Easement Premises and the BRIS-20 Temporary Construction Easement Premises during construction or during any subsequent maintenance or repair thereof. The City further agrees to indemnify and hold harmless the Owner from any and all liens placed against the BRIS-20 Sanitary Sewer Easement Premises or the BRIS-20 Temporary Construction Easement Premises arising from said construction activities. 6. The Owner and the Owner's successors shall not construct any buildings on the BRIS-20 Sanitary Sewer Easement Premises nor undertake any other activities on the BRIS-20 Sanitary Sewer Easement Premises that unreasonably interfere with the City's intended use of the BRIS-20 Sanitary Sewer Easement Premises. Anything contained in this Agreement to the contrary notwithstanding, it is understood that the Owner 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 BRIS-20 Sanitary Sewer Easement Premises as reasonably required to service the development on the Subject Property, provided that such is done in a manner which does not unreasonably interfere with the City's intended use of the BRIS-20 Sanitary Sewer Easement Premises. 7. That no amendment,revision or modification hereof shall be effective unless it is in writing and signed by all parties hereto. 8. 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. 9. That this agreement shall be governed by and construed in accordance with the - 4 - laws of the State of Illinois. 10. That the City may utilize the services of third party contractors, employees or other agents to perform work in either the BRIS-20 Sanitary Sewer Easement Premises or the BRIS- 20 Temporary Construction Easement Premises. 11. That the Owner hereby represents and warrants to the City that it is the fee simple title holder of the BRIS-20 Sanitary Sewer Easement Premises and the BRIS-20 Temporary Construction Easement Premises and that it has the full power and authority to enter into and make the grant of easement as provided herein. 12. That this agreement shall be binding on the parties hereto,their successors and permitted assigns and shall run with the land. 13. 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 FUNK PROPERTIES LIMITED, an Illinois Municipal Corporation Corporation B : -�- - / awe By: ��«. By: Mayor Its: President Attest: Attest: By: City Clerk Its: Secretary - 5 - • • 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 Ed Schock,Mayor, and Diane Robertson, City Clerk,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 for the uses and purposes therein set forth. Given under my hand and official seal,this /7�''day of ,2010. Nota P lic STATE OF ILLINOIS ) SS. n COUNTY OF KANE ) I,the undersigned, a Notary Public,in and for said County,in the State aforesaid,do hereby certify that Patrick B.Funk,President,and Michael H.Funk,Secretary,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 Qt ,u , 2010. l (.143, Nota Public OFFICIAL SEAL JANICE K. VIERKANDT NOTA,PUBLIC,STATE OF ILLINOIS MY COMMISSION EXPIRES 731.2013 - 6 - PLAT • . i1 r"GeaLl 03.111 , A . I,Y2iL i s. —7-:-. — ...3...:, J-4' F _� _ . , ii , / -- ' — i,. , , , / , ,. b _____ 1, . , iik , . 4,c. 114,,Jr 1 � I . SUBJECT --.- Wiay‘All /// i 1 PROPERTY /r «.,P• I '• / J 44 I / tii ,,,,,,, , /+s.J .._. 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FI INK FARI►A PROPFRTY 40 FOOT WIDE SANITARY SEWER EASEMENT#1 THAT PART OF THE NORTH HALF OF SECTION 20,TOWNSHIP 41 NORTH,RANGE 8 EAST, OF THE THIRD PRINCIPAL MERIDIAN, KANE COUNTY,ILLINOIS,BEING BOUNDED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERN CORNER OF THE WELDWOOD DRIVE RIGHT-OF-WAY EXTENSION,RECORDED AS DOCUMENT NUMBER 1124023 IN THE OFFICE OF THE KANE COUNTY RECORDER;THENCE NORTH 79 DEGREES 07 MINUTES 58 SECONDS WEST(ASSUMED BEARING)ALONG THE SOUTHERN LINE OF SAID RIGHT-OF-WAY 66.10 FEET TO THE POINT OF BEGINNING OF THIS EASEMENT DESCRIPTION;THENCE CONTINUING NORTH 79 DEGREES 07 MINUTES 58 SECONDS WEST ALONG SAID SOUTHERN RIGHT-OF-WAY LINE 40.00 FEET TO A CORNER OF THE GRANTOR;THENCE SOUTH 10 DEGREES 46 MINUTES 46 SECONDS WEST ALONG A WESTERN LINE OF THE GRANTOR AND ALONG THE SOUTHERLY EXTENSION OF SAID WESTERN LINE 330.00 FEET;THENCE SOUTH 09 DEGREES 18 MINUTES 19 SECONDS EAST 360.29 FEET TO THE NORTHERN RIGHT-OF-WAY LINE OF THE PROPOSED SOUTH STREET EXTENSION;THENCE NORTH 80 DEGREES 41 MINUTES 41 SECONDS EAST ALONG SAID PROPOSED NORTHERN RIGHT-OF-WAY LINE 40.00 FEET;THENCE NORTH 09 DEGREES 18 MINUTES 19 SECONDS WEST PERPENDICULAR TO SAID PROPOSED NORTHERN RIGHT-OF-WAY LINE 353.21 FEET; THENCE NORTH 10 DEGREES 46 MINUTES 46 SECONDS EAST PARALLEL WITH THE AFOREMENTIONED WESTERN LINE OF THE GRANTOR 322.86 FEET TO THE POINT OF BEGINNING,CONTAINING 0.63 ACRES, MORE OR LESS. 0209356DES001 r tt -3 9 40 FOOT WIDE SANITARY SEWER EASEMENT#2 THAT PART OF THE NORTH HALF OF SECTION 20,TOWNSHIP 41 NORTH,RANGE 8 EAST,OF THE THIRD PRINCIPAL MERIDIAN, KANE COUNTY, ILLINOIS,BEING BOUNDED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERN CORNER OF LOT 1 OF MURIEL ELISABETH KAY RESUBDIVISION RECORDED DECEMBER 16,1996,AS DOCUMENT NUMBER 961(088664 IN THE OFFICE OF THE RECORDER, KANE COUNTY, ILUNOIS(THE FOLLOWING THREE(3)COURSES ARE ALONG AN EASTERN LINE OF THE GRANTOR); 1)THENCE NORTH 09 DEGREES 05 MINUTES 07 SECONDS EAST(ASSUMED BEARING)ALONG THE WESTERN LINE OF SAID LOT 1,A DISTANCE OF 300.70 FEET TO THE POINT OF BEGINNING OF THIS EASEMENT DESCRIPTION;2)THENCE CONTINUING NORTH 09 DEGREES 05 MINUTES 07 SECONDS EAST ALONG THE WESTERN LINE OF SAID LOT 1,A DISTANCE OF 338.37 FEET; 3)THENCE NORTH 41 DEGREES 10 MINUTES 31 SECONDS EAST ALONG THE WESTERN LINE OF SAID LOT 1,A DISTANCE OF 147.00 FEET; THENCE NORTH 80 DEGREES 54 MINUTES 53 SECONDS WEST PERPENDICULAR TO A PREVIOUS WESTERN LINE OF LOT 1(COURSE 1 AND 2),A DISTANCE OF 47.21 FEET TO A POINT LYING 40 FEET NORTHWESTERLY OF THE NORTHWESTERN LINE OF SAID LOT 1(COURSE 3);THENCE SOUTH 41 DEGREES 10 MINUTES 31 SECONDS WEST PARALLEL WITH AND 40 FEET NORTHWESTERLY OF THE NORTHWESTERN LINE OF SAID LOT 1,A DISTANCE OF 133.42 FEET TO A POINT LYING 40 FEET WESTERLY OF THE WESTERN LINE OF SAID LOT 1(COURSE 1 AND 2);THENCE SOUTH 09 DEGREES 05 MINUTES 07 SECONDS WEST PARALLEL AND 40 FEET WESTERLY OF THE WESTERN LINE OF SAID LOT 1,A DISTANCE OF 309.87 FEET;THENCE NORTH 80 DEGREES 54 MINUTES 53 SECONDS WEST PERPENDICULAR TO THE PREVIOUS COURSE 149.23 FEET;THENCE SOUTH 73 DEGREES 05 MINUTES 07 SECONDS WEST 143.29 FEET TO A POINT ON THE EASTERN RIGHT-OF-WAY LINE OF THE WELDW000 DRIVE EXTENSION RECORDED AS DOCUMENT NUMBER 1124023 IN THE OFFICE OF THE RECORDER,KANE COUNTY, ILLINOIS,SAID POINT BEING ON A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST,SAID POINT LYING NORTH 61 DEGREES 40 MINUTES 51 SECONDS EAST 234.83 FEET FROM THE RADIUS POINT OF SAID CURVE;THENCE SOUTHEASTERLY ALONG SAID CURVE TO THE RIGHT 40.31 FEET TO A POINT LYING NORTH 71 DEGREES 30 MINUTES 56 SECONDS EAST 234.83 FEET FROM THE RADIUS POINT OF SAID CURVE,SAID ARC BEING SUBTENDED BY A CHORD BEARING SOUTH 23 DEGREES 24 MINUTES 07 SECONDS EAST 40.26 FEET;THENCE NORTH 73 DEGREES 05 MINUTES 07 SECONDS EAST 129.51 FEET; THENCE SOUTH 80 DEGREES 54 MINUTES 53 SECONDS EAST 180.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.70 ACRES,MORE OR LESS. 0209356DES004 ( G, • 30 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT#1 THAT PART OF THE NORTH HALF OF SECTION 20,TOWNSHIP 41 NORTH, RANGE 8 EAST,OF THE THIRD PRINCIPAL MERIDIAN, KANE COUNTY,ILLINOIS,BEING BOUNDED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERN CORNER OF THE WELDWOOD DRIVE RIGHT-OF-WAY EXTENSION,RECORDED AS DOCUMENT NUMBER 1124023 IN THE OFFICE OF THE KANE COUNTY RECORDER;THENCE NORTH 79 DEGREES 07 MINUTES 58 SECONDS WEST(ASSUMED BEARING)ALONG THE SOUTHERN LINE OF SAID RIGHT-OF-WAY 36.10 FEET TO THE POINT OF BEGINNING OF THIS EASEMENT DESCRIPTION;THENCE CONTINUING NORTH 79 DEGREES 07 MINUTES 58 SECONDS WEST ALONG SAID SOUTHERN RIGHT-OF-WAY LINE 30.00 FEET;THENCE SOUTH 10 DEGREES 46 MINUTES 46 SECONDS WEST PARALLEL WITH AND 40 FEET EASTERLY OF A WESTERN LINE OF THE GRANTOR 322.86 FEET;THENCE SOUTH 09 DEGREES 18 MINUTES 19 SECONDS EAST 353.21 FEET TO THE NORTHERN RIGHT-OF-WAY LINE OF THE PROPOSED SOUTH STREET EXTENSION;THENCE NORTH 80 DEGREES 41 MINUTES 41 SECONDS EAST ALONG SAID PROPOSED NORTHERN RIGHT-OF-WAY LINE 30.00 FEET; THENCE NORTH 09 DEGREES 18 MINUTES 19 SECONDS WEST PERPENDICULAR TO SAID PROPOSED NORTHERN RIGHT-OF-WAY LINE 347.89 FEET;THENCE NORTH 10 DEGREES 46 MINUTES 46 SECONDS EAST PARALLEL WITH AND 70 FEET EAST OF THE AFOREMENTIONED WESTERN LINE OF THE GRANTOR 317.50 FEET TO THE POINT OF BEGINNING,CONTAINING 0.46 ACRES, MORE OR LESS. 0209356DES002 If 30 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT#2 THAT PART OF THE NORTH HALF OF SECTION 20,TOWNSHIP 41 NORTH, RANGE 8 EAST,OF THE THIRD PRINCIPAL MERIDIAN, KANE COUNTY,ILLINOIS,BEING BOUNDED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERN CORNER OF THE WELDWOOD DRIVE RIGHT-OF-WAY EXTENSION,RECORDED AS DOCUMENT NUMBER 1124023 IN THE OFFICE OF THE KANE COUNTY RECORDER;THENCE NORTH 79 DEGREES 07 MINUTES 58 SECONDS WEST(ASSUMED BEARING)ALONG THE SOUTHERN LINE OF SAID RIGHT-OF-WAY 106.10 FEET TO A CORNER OF THE GRANTOR;THENCE SOUTH 10 DEGREES 46 MINUTES 46 SECONDS WEST ALONG A WESTERN LINE OF THE GRANTOR 253.00 FEET TO THE POINT OF BEGINNING OF THIS EASEMENT DESCRIPTION;THENCE CONTINUING SOUTH 10 DEGREES 46 MINUTES 46 SECONDS WEST ALONG A SOUTHERLY EXTENSION OF SAID WESTERN LINE OF THE GRANTOR 77.00 FEET;THENCE SOUTH 09 DEGREES 18 MINUTES 19 SECONDS EAST 360.29 FEET TO THE NORTHERN RIGHT-OF-WAY LINE OF THE PROPOSED SOUTH STREET EXTENSION;THENCE SOUTH 80 DEGREES 41 MINUTES 41 SECONDS WEST ALONG SAID PROPOSED NORTHERN RIGHT-OF-WAY LINE 30.00 FEET;THENCE NORTH 09 DEGREES 18 MINUTES 19 SECONDS WEST PERPENDICULAR TO SAID PROPOSED NORTHERN RIGHT-OF-WAY LINE 365.60 FEET;THENCE NORTH 10 DEGREES 46 MINUTES 46 SECONDS EAST PARALLEL WITH AND 30 FEET WEST OF THE AFOREMENTIONED WESTERN LINE OF THE GRANTOR 77.32 FEET TO A NORTHERN LINE OF THE GRANTOR;THENCE SOUTH 88 DEGREES 40 MINUTES 08 SECONDS EAST ALONG A NORTHERN LINE OF THE GRANTOR 30.41 FEET TO THE POINT OF BEGINNING,CONTAINING 0.30 ACRES,MORE OR LESS. 02093560E5003 30 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT#3 THAT PART OF THE NORTH HALF OF SECTION 20,TOWNSHIP 41 NORTH,RANGE 8 EAST,OF THE THIRD PRINCIPAL MERIDIAN, KANE COUNTY, ILLINOIS, BEING BOUNDED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERN CORNER OF LOT 1 OF MURIEL ELISABETH KAY RESUBDIVISION RECORDED DECEMBER 16, 1996,AS DOCUMENT NUMBER 96K088664 IN THE OFFICE OF THE RECORDER, KANE COUNTY, ILLINOIS(THE FOLLOWING TWO(2)COURSES ARE ALONG AN EASTERN LINE OF THE GRANTOR); 1)THENCE NORTH 09 DEGREES 05 MINUTES 07 SECONDS EAST(ASSUMED BEARING)ALONG THE WESTERN LINE OF SAID LOT 1,A DISTANCE OF 639.07 FEET;2)THENCE NORTH 41 DEGREES 10 MINUTES 31 SECONDS EAST ALONG THE WESTERN LINE OF SAID LOT 1,A DISTANCE OF 147.00 FEET TO THE POINT OF BEGINNING OF THIS EASEMENT DESCRIPTION;THENCE NORTH 80 DEGREES 54 MINUTES 53 SECONDS WEST PERPENDICULAR TO A PREVIOUS WESTERN LINE OF LOT 1(COURSE 1),A DISTANCE OF 47.21 FEET TO A POINT LYING 40 FEET NORTHWESTERLY OF THE NORTHWESTERN LINE OF SAID LOT 1(COURSE 2);THENCE SOUTH 41 DEGREES 10 MINUTES 31 SECONDS WEST PARALLEL WITH AND 40 FEET NORTHWESTERLY OF THE NORTHWESTERN LINE OF SAID LOT 1,A DISTANCE OF 133.42 FEET TO A POINT LYING 40 FEET WESTERLY OF THE WESTERN LINE OF SAID LOT 1(COURSE 1);THENCE SOUTH 09 DEGREES 05 MINUTES 07 SECONDS WEST PARALLEL AND 40 FEET WESTERLY OF THE WESTERN LINE OF SAID LOT 1,A DISTANCE OF 309,87 FEET;THENCE NORTH 80 DEGREES 54 MINUTES 53 SECONDS WEST PERPENDICULAR TO THE PREVIOUS COURSE 149.23 FEET;THENCE SOUTH 73 DEGREES 05 MINUTES 07 SECONDS WEST 143.29 FEET TO A POINT ON THE EASTERN RIGHT-OF-WAY LINE OF THE WELDW000 DRIVE EXTENSION RECORDED AS DOCUMENT NUMBER 1124023 IN THE OFFICE OF THE RECORDER, KANE COUNTY,ILLINOIS,SAID POINT BEING ON A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST,SAID POINT LYING NORTH 61 DEGREES 40 MINUTES 51 SECONDS EAST 234.83 FEET FROM THE RADIUS POINT OF SAID CURVE;THENCE NORTHWESTERLY ALONG SAID CURVE TO THE LEFT 31.11 FEET TO A POINT LYING NORTH 54 DEGREES OS MINUTES 25 SECONDS EAST 234.83 FEET FROM THE RADIUS POINT OF SAID CURVE,SAID ARC BEING SUBTENDED BY A CHORD BEARING NORTH 32 DEGREES 06 MINUTES 52 SECONDS WEST 31.09 FEET;THENCE NORTH 73 DEGREES 05 MINUTES 07 SECONDS EAST 158.37 FEET;THENCE SOUTH 80 DEGREES 54 MINUTES 53 SECONDS EAST 126.16 FEET TOA POINT LYING 70 FEET WESTERLY OF THE WESTERN LINE OF SAID LOT 1;THENCE NORTH 09 DEGREES 05 MINUTES 07 SECONDS EAST PARALLEL WITH AND 70 FEET WESTERLY OF THE WESTERN LINE OF SAID LOT 1,A DISTANCE OF 288.50 FEET;THENCE NORTH 41 DEGREES 10 MINUTES 31 SECONDS EAST PARALLEL WITH AND 70 FEET NORTHWESTERLY OF A NORTHWESTERN LINE OF SAID LOT 1,A DISTANCE OF 158.65 FEET;THENCE SOUTH 80 DEGREES 54 MINUTES 53 SECONDS EAST 71.61 FEET TO THE EASTERN UNE OF THE GRANTOR;THENCE SOUTH 11 DEGREES 46 MINUTES 19 SECONDS WEST ALONG AN EASTERN LINE OF THE GRANTOR 19.01 FEET;THENCE SOUTH 41 DEGREES 10 MINUTES 31 SECONDS WEST ALONG AN EASTERN LINE OF THE GRANTOR 13.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.55 ACRES, MORE OR LESS. 0209356DES005 30 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT q4 THAT PART OF THE NORTH HALF OF SECTION 20,TOWNSHIP 41 NORTH,RANGE 8 EAST,OF THE THIRD PRINCIPAL MERIDIAN,KANE COUNTY,ILLINOIS,BEING BOUNDED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERN CORNER OF LOT 1 OF MURIEL ELISABETH KAY RESUBDIVISION RECORDED DECEMBER 16, 1996,AS DOCUMENT NUMBER 961(088664 IN THE OFFICE OF THE RECORDER, KANE COUNTY,ILLINOIS;THENCE NORTH 09 DEGREES OS MINUTES 07 SECONDS EAST(ASSUMED BEARING)ALONG THE WESTERN LINE OF SAID LOT 1,A DISTANCE OF 270.70 FEET TO THE POINT OF BEGINNING OF THIS EASEMENT DESCRIPTION;THENCE NORTH 80 DEGREES 54 MINUTES 53 SECONDS WEST PERPENDICULAR TO THE WESTERN LINE OF SAID LOT 1,A DISTANCE OF 173.07 FEET;THENCE SOUTH 73 DEGREES 05 MINUTES 07 SECONDS WEST 123.68 FEET TO A POINT ON THE EASTERN RIGHT- OF-WAY LINE OF THE WELDWOOD DRIVE EXTENSION RECORDED AS DOCUMENT NUMBER 1124023 IN THE OFFICE OF THE RECORDER,KANE COUNTY,ILLINOIS,SAID POINT BEING ON A NON-TANGENT CURVE CONCAVE TO THE WEST,SAID POINT LYING NORTH 78 DEGREES 50 MINUTES 42 SECONDS EAST 234.83 FEET FROM THE RADIUS POINT OF SAID CURVE;THENCE NORTHERLY ALONG SAID CURVE TO THE LEFT 30.04 FEET TO A POINT LYING NORTH 71 DEGREES 30 MINUTES 56 SECONDS EAST 234.83 FEET FROM THE RADIUS POINT OF SAID CURVE,SAID ARC BEING SUBTENDED BY A CHORD BEARING NORTH 14 DEGREES 49 MINUTES 11 SECONDS WEST 30.02 FEET;THENCE NORTH 73 DEGREES 05 MINUTES 07 SECONDS EAST 129.51 FEET;THENCE SOUTH 80 DEGREES 54 MINUTES 53 SECONDS EAST 180.00 FEET TO AN EASTERN LINE OF THE GRANTOR;THENCE SOUTH 09 DEGREES 05 MINUTES 07 SECONDS WEST ALONG AN EASTERN LINE OF THE GRANTOR 30.00 FEET TO THE POINT OF BEGINNING,CONTAINING 0.21 ACRES,MORE OR LESS. 0209356DES006 H