HomeMy WebLinkAbout19-46 Recorded Ick-1}6
RECEIPT
Received from the Office of the Elgin City Clerk the following plats for purpose of
recording with the Kane County Recorder:
Plat of Easement for Watermain Purposes for Tall Oaks Unit 5
(East of Proposed Tall Oaks Unit 5, Elgin, Illinois)
A copy of the recorded plat will be returned to the City Clerk immediately after
recording and the Kane County Recorder will be instructed to return the original
plat to the City Clerk.
DATED: 31PLE I
(6\etCOQ) rre-- 1(v\ vt.
Firm or Company Name
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Signature of Individual r
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WATER MAIN EASEMENT AND COST 2019K01 16069
RECAPTURE AGREEMENTSANDY WEGMAN
RECORDER - KANE COUNTY, IL
RECORDED: 3/22/2019 88:39 AA
REC FEE: 53. RHSPS FEE: 9.80
WHEREAS, the undersigned, D.R. PAGES: 12
HORTON, INC. - MIDWEST, a California
corporation (hereinafter referred to as "DRH")
currently owns certain real estate commonly known
as the Tall Oaks Subdivision Unit 5 ("Unit 5"), as
legally described on Exhibit "A" attached hereto;
and
WHEREAS, TALL OAKS INVESTMENTS, LLC, an Illinois limited liability company
(hereinafter referred to "Tall Oaks")currently owns certain real estate commonly known as the Tall Oaks
Subdivision Unit 3("Unit 3"),as legally described on Exhibit"B"attached hereto; and
WHEREAS,in connection with its development of Unit 5,the City of Elgin("City")is requiring
DRH to extend and loop the public water main which DRH intends to construct within Unit 5 through
that portion of a 20-foot area intended to become a City water main easement on Unit 3 in the locations as
depicted on Exhibit"C"attached hereto(the"Unit 3 City Water Main Easement");and
WHEREAS, it is anticipated that DRH will construct approximately 640 lineal feet of water main
through the Unit 3 City Water Main Easement(the"Unit 3 Initial Water Main");and
WHEREAS, the construction of the Unit 3 Initial Water Main by DRH within the Unit 3 City
Water Main Easement is construction which Tall Oaks would have had to perform, at its own expense,
had Tall Oaks first developed Unit 3;and
WHEREAS, it is the intention of the undersigned to allow DRH to construct the Unit 3 Initial
Water Main within the Unit 3 City Water Main Easement and to thereafter allow DRH recover the Unit 3
Initial Water Main Cost(as hereafter defined)from Tall Oaks or its successors as hereafter provided;
NOW, THEREFORE in consideration of the foregoing recitals and the mutual covenants
hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, DRH and Tall Oaks (also sometimes herein individually referred to as a
"Party"or collectively as the"Parties")agree as follows:
1. Grant of Access to Unit 3 City Water Main Easement.
(a) Unless first constructed by Tall Oaks, concurrently with the construction by DRH of the
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public water main within Unit 5, DRH shall have the right,at its election,to construct the
Unit 3 Initial Water Main within the Unit 3 City Water Main Easement in accordance with
the final engineering plans pertaining to the Unit 3 Initial Water Main Easement as
approved by the City(the"Unit 3 Initial Water Main Plans").
(b) Tall Oaks hereby consents to DRH and its contractors having access over the Unit 3 City
Water Main Easement for the purpose of constructing the Unit 3 Initial Water Main.
(c) During such time as DRH or its contractors is constructing the Unit 3 Initial Water Main
within the Unit 3 City Water Main Easement,DRH and its contractors shall also have and
enjoy a temporary construction easement that extends an additional 20 feet on each side of
the Unit 3 City Water Main Easement (the "Temporary Construction Easement"), for
the purpose of stockpiling materials or equipment in connection with the construction of
the Unit 3 Initial Water Main.
(d) Following the construction by DRH of the Unit 3 Initial Water Main within the Unit 3
City Water Main Easement, DRH shall restore the surface of those portions of Unit 3
affected by such construction to substantially its original condition.
(e) Prior to entry onto Unit 3 to construct the Unit 3 Initial Water Main, DRH shall provide,
or cause its general contractor to provide, to Tall Oaks a certificate of insurance
evidencing the existence of a policy of general liability insurance having a combined
single limit of not less than one million dollars ($1,000,000.00) and naming Tall Oaks as
an additional insured against liability for bodily injury, death or property damage arising
from the negligent or intentionally wrongful acts or omissions of DRH or its contractors in
the construction and installation of the Unit 3 Initial Water Main. DRH shall also cause its
general contractor to provide a certificate evidencing the existence of its workers
compensation insurance to such limits as are as required by state statute.
Notwithstanding the existence of such insurance coverages, DRH covenants and agrees to
indemnify, defend and hold Tall Oaks harmless from and against all claims for(i)bodily
injury, death or property damage that arise due to the negligent acts or omissions, or
intentional misconduct of its contractors,and(ii) liens arising from construction activities,
pertaining to the construction and installation of the Unit 3 Initial Water Main.
2. Payment Obligations.
(a) Tall Oaks, for itself,as the intended developer of Unit 3, and for any alternate or successor
developer of said Unit 3 (or any portion thereof)hereby agrees that, prior to exercising its
right to connect any portion of the potable water system from Unit 3 to the Unit 3 Initial
Water Main,and as a condition thereof,Tall Oaks shall first(prior to any such connection)
pay to DRH the Unit 3 Initial Water Main Construction Costs. As used herein, the term
"Unit 3 Initial Water Main Construction Costs" means the sum of(i) the material costs
incurred by DRH to purchase the Unit 3 Initial Water Main piping and all other associated
valves, vaults, hydrants, backfill materials, and other materials and equipment required to
construct same in accordance with the Approved Plans (ii) the cost of all design,
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permitting, bonding, installation and stabilization costs associated with the design,
permitting,construction and installation of the Unit 3 Initial Water Main within the Unit 3
City Water Main Easement. An example of the methodology to be used in determining
the Unit 3 Initial Water Main Construction Costs (when actual costs are known), and an
estimate only of the projected Unit 3 Initial Water Main Construction Costs prepared by
Mackie Consultants,Ltd. as of October 4,2018 is attached hereto as Exhibit"D".
(b) The recordation of this Agreement shall create and constitute a lien against Unit 3 in the
amount of the Unit 3 Initial Water Main Construction Costs.
4. Miscellaneous Provisions.
(a) Amendment. This Agreement may be amended upon the mutual consent of the Parties
hereto from time to time by written instrument and conformity with all applicable statutory
and ordinance requirements.
(b) Binding Effect. Except as otherwise herein provided, this Agreement shall inure to the
benefit of and be binding upon the successors and assigns of DRH and Tall Oaks.
(c) Enforcement. Each Party to this Agreement, and their respective successors and assigns,
may either in law or in equity,by suit, action, mandamus,or other proceeding in force and
compel performance of this Agreement.
(d) Recordation. A true and correct copy of this Agreement shall be recorded by DRH at its
expense, with the Kane County Recorder's office. This Agreement shall constitute a
covenant running with the land and shall be binding upon Unit 3 in accordance with the
terms and provisions set forth herein.
(e) Notices. Any notice required or desired to be given under this Agreement, unless
expressly provided to the contrary herein, shall be in writing and shall be deemed to have
been given on the date of personal delivery, on the date of confirmed facsimile
transmission provided a hard copy of such notice is deposited in the U.S. mail addressed
to the recipient within twenty-four (24) hours following the facsimile transmission, or on
the date when deposited in the U.S. Mail, registered or certified mail, postage prepaid,
return receipt requested,and addressed as follows:
If to DRH: D.R. Horton,Inc.-Midwest
Attn: Omar A. Rodriguez Caballero
750 E. Bunker Ct.
Vernon Hills,IL. 60061
With a copy to: Peter C.Bazos,Esq.
Bazos,Freeman,Schuster,&Pope, LLC
1250 Larkin Avenue,Suite 100
Elgin, Illinois 60123
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If to Tall Oaks: Tall Oaks Investment, LLC
Attn: Richard Guerard
310 S.County Farm Rd.
Wheaton, IL 60187
(0 Severability. The invalidity or unenforceability of any of the provisions hereof shall not affect the
validity or enforceability of the remainder of this Agreement.
(g) Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the
Parties hereto and there are no representations, agreements, arrangements, or understandings, oral
or written, between and among the Parties hereto relating to the subject matter of this Agreement
that are not fully expressed herein.
(h) Captions and Paragraph Headings. Captions and paragraph headings incorporated herein are for
convenience only and are not part of this Agreement,and further shall not be used to construe the
terms hereof.
(i) Recitals and Exhibits. The recitals set forth at the beginning of this Agreement and the exhibits
attached hereto are hereby incorporated into this Agreement and made a part of the substance
hereof.
(j) Counterparts. This Agreement may be executed simultaneously in two (2) counterparts, each of
which shall be deemed an original,but all of which shall constitute one and the same Agreement.
(k) Time of the Essence. Time shall be of the essence of this Agreement.
(1) Joint Preparation. This Agreement is and shall be deemed and construed to be the joint and
collective work product of the Parties hereto and, as such, this Agreement shall not be construed
against any 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.
(m) Successors. This Agreement shall be binding upon the Parties hereto and their respective
successors and assigns.
(n) Applicable Law. This Agreement shall be interpreted and enforced according to the statutes and
case laws of the State of Illinois, without reference to its principles of conflicts of laws. Venue
shall be the Circuit Court of the Sixteenth Judicial Circuit, Kane County, Illinois. The Parties
hereto waive any claim or defense that such venue is not convenient or proper.
(o) Effective Date. This Agreement shall be deemed effective on the date ("Effective Date") as of
which a fully executed counterpart hereof is delivered to each Party.
[signature pages follow]
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IN WITNESS WHEREOF, the undersigned have e cuted_this Shared Storm Sewer Easement
Agreement and Cost Recapture Agreement as of thisc'1$'day 43451,10,A2.019.
D.R. I-IORTON. INC.-MIDWEST
By:
Name: n/tAf;„ I G —rehiric ��-�-
Title: ptvis,,ci'
STATE OF ILLINOIS)
) ss.
COUNTY OF J-C I<2)
BEFORE ME, the undersigned Notary Public. duly commissioned and qualified in and for said
County and State, personally came and appeared 1%)1,Qc L't).4%;'1u. ' '(a me known, who declared and
acknowledged to me that he the Uttn,,r't D.R. Horton, Inc.-Midwest (the "Company"), and that
as such a duly authorized officer and with full authority. he signed and executed the foregoing instrument
as the free and voluntary act and deed of said Company, and as his free and voluntary act, for the uses and
purposes therein set forth.
Given under my hand and notarial seal this day of ----f r n,c-4-c< r U , 2019.
K MAA�IiN at
Ottittal Sui SeP /7,. �` t
;�p��� s tro11o2Q1�i
My Commioton Exp NO''A1tY PUBLIC
t':',Uscu\bamenca,.\pphtialni;t1,\ticrowCt,\Vindov,s',1Vct('ache',('onicnt.+Jutluuk'71VURIFt!Y'.','ater Main Eascntcnt V5.doc
TALL OAKS INVESTMENT, LLC
By: IC2 ;2; ;".'
Name: Richard Guerard
Title: Manager
STATE OF ILLINOIS)
) ss.
COUNTY OF KANE )
BEFORE ME, the undersigned Notary Public, duly commissioned and qualified in and for said '
County and State, personally came and appeared Richard Guerard, to me known, who declared and
acknowledged to me,that he is the Manager of Tall Oaks Investment, LLC(the"Company"),and that as
such a duly authorized officer and with full authority, he signed and executed the foregoing instrument as
the free and voluntary act and deed of said Company, and as his free and voluntary act for the uses and
purposes therein set forth.
Given under my hand and notarial seal this-day of , 0,19\k,,cc 6 ,2019.
ilQ'.. 2L
NOTARY PU LIC
OFFIOAL SEAL
THIS DOCUMENT PREPARED BY: SHEWE L HYSLOP
Peter C.Bazos,Esq. NOTARY
Yr STATE
BAZOS,FREEMAN,SCHUSTER&POPE, LLC
1250 Larkin Ave.,Suite 100 Ai,
Elgin,IL 60123 n
(847)742-8800 Y
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EXHIBIT A
Legal Description of Tall Oaks Unit 5
THAT PART OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN, AND PART OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER
OF SAID SECTION 13, THENCE SOUTH 00 DEGREES, 28 MINUTES, 47 SECONDS EAST
(MEASURED SOUTH 00 DEGREES 20 MINUTES 06 SECONDS EAST) ALONG THE EAST LINE OF
SAID SECTION, 550.70 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES, 17
MINUTES, 32 SECONDS WEST, 847.15 FEET (845.98 FEET MEASURED) TO THE NORTHWEST
CORNER OF TALL OAKS SUBDIVISION, UNIT 4, ACCORDING TO THE PLAT THEREOF RECORDED
AUGUST 21, 2008 AS DOCUMENT NO. 2008K067349; THENCE SOUTH 00 DEGREES 45 MINUTES
26 SECONDS WEST ALONG A WEST LINE OF SAID UNIT 4 A DISTANCE OF 270.09 FEET TO AN
ANGLE POINT THEREIN; THENCE NORTH 89 DEGREES 17 MINUTES 32 SECONDS EAST ALONG
SAID WEST LINE 18.40 FEET; THENCE SOUTH 00 DEGREES 06 MINUTES 03 SECONDS EAST
ALONG A WEST LINE OF SAID UNIT 4 A DISTANCE OF 425.60 FEET TO THE NORTH LINE OF
GANSETT PARKWAY, ALSO BEING THE NORTH LINE OF TALL OAKS SUBDIVISION UNIT ONE,
ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 18, 2005 AS DOCUMENT NO.
2005K139365 AND CERTIFICATE OF CORRECTION RECORDED APRIL 20, 2007 AS DOCUMENT
NO. 2007K043334; THENCE NORTH 89 DEGREES 53 MINUTES 57 SECONDS EAST ALONG SAID
NORTH LINE, 253.67 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG A
CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 1040.00 FEET, AN ARC LENGTH OF
454.42 FEET, A CHORD BEARING OF SOUTH 77 DEGREES 35 MINUTES 00 SECONDS EAST AND
A CHORD DISTANCE OF 450.82 FEET; THENCE NORTH 25 DEGREES 01 MINUTES 54 SECONDS
EAST, 777.00 FEET; THENCE NORTH 77 DEGREES 36 MINUTES 24 SECONDS WEST, 195.27 FEET
(196.62 FEET
MEASURED) TO THE EAST LINE OF SAID SECTION 13; THENCE NORTH 00 DEGREES 28
MINUTES 47 SECONDS WEST (NORTH 00 DEGREES 20 MINUTES 06 SECONDS WEST) ALONG
SAID EAST LINE, 56.46 FEET (56.16 FEET MEASURED) TO THE POINT OF BEGINNING, (EXCEPT
THAT PART FALLING IN TALL OAKS UNIT 4, ACCORDING TO THE PLAT THEREOF RECORDED
AUGUST 21, 2008 AS DOCUMENT NO. 2008K067349), IN THE CITY OF ELGIN, ALL IN KANE
COUNTY , ILLINOIS.
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EXHIBIT B
Legal Description of Tall Oaks Unit 3
THAT PART OF SECTION 13,TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN AND PART OF SECTION 18,TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE
SOUTH UNE OF GANSETT PARKWAY OF TALL OAKS SUBDIVISION, UNIT ONE,ACCORDING TO
THE PLAT THEREOF RECORDED NOVEMBER 18,2005 AS DOCUMENT NO.2005K139365 AND
CERTIFICATE OF CORRECTION RECORDED APRIL 20,2007 AS DOCUMENT NO.2007K043334,
WITH THE CENTER LINE OF RUSSELL ROAD;THENCE NORTH 00 DEGREES 45 MINUTES 26
SECONDS EAST ALONG SAID CENTER LINE, 140.01 FEET TO THE MOST NORTHERLY CORNER
OF SAID UNIT;THENCE THE FOLLOWING 6 COURSES ALONG THE NORTH LINE OF SAID UNIT
ONE; 1)THENCE NORTH 89 DEGREES 53 MINUTES 57 SECONDS EAST,60.01 FEET;2)THENCE
SOUTH 44 DEGREES 40 MINUTES 19 SECONDS EAST,70.19 FEET;3)THENCE NORTH 89
DEGREES 53 MINUTES 57 SECONDS EAST, 16.28 FEET;4)THENCE SOUTH 88 DEGREES 34
MINUTES 00 SECONDS EAST,373.33 FEET;5)THENCE NORTH 89 DEGREES 53 MINUTES 57
SECONDS EAST,311.69 FEET TO A POINT OF CURVATURE;6)THENCE EASTERLY ALONG A
CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 104.00 FEET,AN ARC LENGTH OF 454.42
FEET,A CHORD BEARING SOUTH 77 DEGREES 35 MINUTES 00 SECONDS EAST AND A CHORD
DISTANCE OF 450.82 FEET FOR THE POINT OF BEGINNING;THENCE NORTH 25 DEGREES 01
MINUTES 54 SECONDS EAST,777.00 FEET TO A POINT OF CURVATURE;THENCE NORTHERLY,
NORTHEASTERLY AND EASTERLY ALONG A CURVE CONCAVE SOUTHEASTERLY HAVING A
RADIUS OF 130.00 FEET,AN ARC LENGTH OF 204.20,A CHORD BEARING NORTH 70 DEGREES
01 MINUTES 54 SECONDS EAST AND A CHORD DISTANCE OF 183.85 FEET;THENCE SOUTH 64
DEGREES 58 MINUTES 06 SECONDS EAST, 56.96 FEET;THENCE NORTH 27 DEGREES 30
MINUTES 25 SECONDS EAST,427.85 FEET;THENCE NORTH 25 DEGREES 12 MINUTES 18
SECONDS EAST,345.11 FEET TO THE CENTERLINE OF ROUTE 20 (S.B.I. ROUTE 5);THENCE
SOUTH 64 DEGREES 22 MINUTES 22 SECONDS EAST ALONG SAID CENTERLINE,873.57 FEET TO THE
WESTERLY LINE OF A PARCEL DECRIBED IN TRUSTEE'S DEED RECORDED AUGUST 4, 1998 AS
DOCUMENT NO.98K069237;THENCE SOUTH 25 DEGREES 01 MINUTES 54 SECONDS WEST ALONG
SAID WESTERLY LINE AND ITS SOUTHWESTERLY PROJECTION, 167.49 FEET TO THE
NORTHEASTERLY CORNER OF GANSETT PARKWAY OF SAID TALL OAKS SUBDIVISION, UNIT ONE;
THENCE NORTH 64 DEGREES 58 MINUTES 06 SECONDS WEST ALONG THE NORTH LINE OF SAID
GANSETT PARKWAY, 1078.23 FEET TO A POINT OF CURVATURE;THENCE WESTERLY ALONG A
CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 1040.00 FEET,AN ARC LENGTH OF 1.77 FEET,A
CHORD BEARING OF NORTH 65 DEGREES 01 MINUTES 02 SECONDS WEST AND A CHORD DISTANCE
OF 1.77 FEET TO THE POINT OF BEGINNIG, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS
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EXHIBIT D
Methodology and Estimated Costs
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•
ENGINEER'S OPINION OF PROBABLE COST
TALL OAKS-UNIT 5 OFFSITE WATER MAIN IMPROVEMENTS
ELGIN,ILLINOIS
PREPARED FOR BONDING PURPOSES
FINAL ENGINEERING PLANS,DATED OCTOBER 11,2018
PREPARED:OCTOBER 10,2018
REVISED:January 22,2019
ITEM DESCRIPTION OUANTITY UNIT UNIT PRICF, TOTAL,
SCHEDULE I-UNDERGROUND UTILITY IMPROVEMENTS
A. OFFSITE WATER MAIN IMPROVEMENTS
1 8"Ductile Iron Water Main.D.I.P.Class 52 640 LF $50.00 $32,000.00
2 Fire Hydrant,Complete 2 EA $4,550.00 $9.100.00
3 8"Valve and 48"Vault 3 EA $3,000.00 $9,000.00
4 Granular Trench Backfill 150 LF $5.00 $750.00
SUBTOTAL A-OFFSITE WATER MAIN IMPROVEMENTS $50,850.00
B. PROFESSIONAL ENGINEERING AND LAND SURVEYING SERVICES
1 Engineering Design Documents&Permitting 1 LS $1,700.00 $1,700.00
2 Plat of Easement I LS $2,300.00 S2,300.00
3 Construction Staking I LS $1,600.00 $1,600.00
4 Record Drawings I LS $2,000.00 S2.000.00
SUBTOTAL B-PROFESSIONAL ENGINEERING AND LAND SURVEYING SERVICES $7,600.00
TOTAL SCHEDULE 1-UNDERGROUND UTILITY IMPROVEMENTS $58,450.00
TOTAL PROBABLE COST $58,450.00
SURETY AMOUNT(110%) $64,295.00
INSPECTION FEE(3%) $1,753.50
General Notes:
l This Engineer's Opinion of Probable Cost(EOPC)is based on Offsite Water Main Exhibit for Unit 5 Tall Oaks.dated October 1 I,2018
prepared by Mackie Consultants,LLC.
2 This EOPC does not include any earthwork or SWPPP costs associated with offsite water main improvements.
3 The unit price is based on best available data and an understanding of the current market.Mackie Consultants cannot guarantee
pricing or costs will not increase.
Prepared by: Mackie Consultants.I.LC.
9575 W.Iliggins Road,Suite 500
Rosemont,Illinois 60018
(847)696-1400
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