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HomeMy WebLinkAbout20-110 Resolution No. 20-110 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO PLAT OF ABROGATION AND EASEMENT GRANT (2801 Alft Lane) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Amendment to Plat of Abrogation and Easement Grant on behalf of the City of Elgin with CICF II—IL 1 MO 1 LLC,Elgin CC,LLC,and Plote Property Management,LLC, for certain express stormwater drainage easement rights and further improvements in the stormwater management facility regarding the property legally described on said amendment to plat of abrogation and easement grant, a copy of which is attached hereto. s/David J. Kaptain David J. Kaptain, Mayor Presented: August 12, 2020 Adopted: August 12, 2020 Vote: Yeas: 8 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk i AMENDMENT TO PLAT OF ABROGATION AND EASEMENT GRANT This Amendment to Plat of Abrogation and Easement Grant (hereinafter referred to as this "Amendment Agreement"), is made and entered into this 12th day of August, 2020, by and between CICF II — UM01 LLC (hereinafter referred to as the "Owner"), Elgin CC, LLC, a Delaware limited liability company (hereinafter referred to as "Crow"), Plote Property Management, LLC, an Illinois limited liability company as operator of the real property owned by Chicago Title Land Trust Company ("CTT') as successor trustee under its land trust number 8002450424 (hereinafter referred to as "Plate"), and the City of Elgin, an Illinois municipal corporation (hereinafter referred to as the"City"). For purposes of this Amendment Agreement, the Owner, Crow, Plote and the City individually are referred to as a "Party' and collectively as the "Parties." WITNESSETH WHEREAS,the Owner is the owner of that certain real property commonly known as 2801 Alft Lane, Elgin, Kane County, Illinois, Permanent Index No. 03-31-101-002, such property being legally described on Exhibit A attached hereto (hereinafter referred to as the"Subject Property"); and WHEREAS, Crow is the owner of that certain real property commonly known as (a) 2600 Mason Road, Elgin, Kane County, Illinois, Permanent Index No.03-30-376-005, (b) (a) 2630 Mason Road, Elgin, Kane County, Illinois, Permanent Index No. 03-30-376-004, (c) 2870 Alft Lane, Elgin, Kane County, Illinois, Permanent Index No. 03-30-376-003, (d) 2890 Alft Lane, Elgin, Kane County, Illinois, Permanent Index No. 03-30-376-002 and (e) 2900 Alft Lane, Elgin, Kane County, Illinois, Permanent Index No. 03-30-376-001, such property being legally described on Exhibit B attached hereto (hereinafter collectively referred to as the "Crow Property"); and WHEREAS, Plote is the owner of that certain real property commonly known as 37W880 Mason Road, Elgin, Kane County, Illinois, Permanent Index No. 03-30-300-007, such property being legally described in Exhibit C attached hereto (hereinafter referred to as the "Plate Property'); and WHEREAS, the Owner previously has provided for a Plat of Abrogation and Easement Grant over portions of the Subject Property pursuant to the Plat of Abrogation and Easement Grant for the Subject Property recorded on May 26, 2017 with the Kane County Recorder of Deeds as Document No. 2017K026837,such easement grant being depicted on Exhibit D attached hereto (hereinafter referred to as the "Easement Grant"); and WHEREAS, pursuant to the Easement Grant,the Owner conveyed certain easement rights to the City over portions of the Subject Property; and WHEREAS, pursuant to the Easement Grant, there exists a stormwater management facility and area on the Subject Property as described and depicted thereon as the Stormwater Management Easement (the "S.W.M.E.") (hereinafter referred to the "Subject Stormwater Management Easement Premises"); and WHEREAS, pursuant to the Easement Grant, there exists a Public Utility and Drainage Easement area on the Subject Property (the "P.U.D.E.") as described and depicted thereon (hereinafter referred to the "Public Utility and Drainage Easement"); and WHEREAS, the property commonly known as 2601 Mason Road, Elgin, Kane County, Illinois, Permanent Index No. 03-31-126-001 hereto (hereinafter referred to as the "Sending Property"); currently sends its stormwater via a fifteen inch (15") stormwater pipe west across Alft Lane connecting to the Public Utility and Drainage Easement contained on the Subject Property and stormwater flows through this easement into the Subject Property's Stormwater Management Easement Premises, and WHEREAS, the Parties hereto wish to amend the Easement Grant to provide for certain express stormwater drainage easement rights for the Crow Property and the Plote Property through the Subject Property and to allow for the construction of certain further improvements in the stormwater management facility in the Subject Stormwater Management Easement Premises and in the Public Utility and Drainage Easement on the Subject Property by Crow and Plote to resolve ponding on Aft Lane and Mason Road, Elgin, Illinois, as hereinafter described. NOW, THEREFORE, for and in consideration of the mutual undertakings set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The foregoing recitals are incorporated into this Amendment Agreement in their entirety. Except as specifically defined in this Amendment Agreement, all capitalized terms used herein shall have the meanings ascribed to such terms in the Easement Grant. 2. That the Owner of the Subject Property hereby grants to Crow, as the owner of the Crow Property, and to Plote, as the owner of the Plote Property and each of its respective successors and assignees, a permanent and nonexclusive easement for stormwater drainage from each of the Crow Property and the Plote Property in, on, over and through the Subject Stormwater Management Easement Premises and the Public Utility and Drainage Easement on the Subject Property. Such stormwater drainage from the Crow Property and the Plote Property shall be pursuant to engineering plans approved by the City. The Owner and its successors shall not undertake any activities in the Subject Stormwater Management Easement Premises or the Public Utility and Drainage Easement area that unreasonably interferes with Crow's and Plote's intended use thereof, or the rights granted to Crow and Plote, respectively, pursuant to this Amendment Agreement. 3. That Crow and Plote, after the entry and proper recording of this Amendment Agreement at their cost, and pursuant to plans therefore approved by the City, shall construct the following improvements defined below and depicted in Exhibit E attached hereto: 2 A. Remove both existing restrictors from the existing outlet control structure contained in the Subject Stormwater Management Easement Premises, the existing twelve-inch (12") outlet pipe, will remain in place and shall serve as the new restrictor for the pond. B. Upsize the pipe within the existing Public Utility and Drainage Easement on the Subject Property from fifteen inches (15") diameter to twenty-four inches (24") diameter. For the purposes of clarification,the entirety of such fifteen-inch (15") diameter pipe shall be upsized to twenty-four inches(24"),from the existing stormwater management facility in the Stormwater Management Easement Premises on the Sending Property to the point of connection to the existing twenty-four inch (24") diameter pipe on the west side of Alft Lane on the Subject property, as depicted on Exhibit E. C. Crow and Plote will provide not less than five (5) days'written notice to the Owner prior to installing the improvements described in Paragraphs A. through B. above. 4. Intentionally Omitted. 5. Crow and Plote, for themselves, their respective agents and independent contractors, hereby agree to indemnify and hold the Owner and the City, and their respective successors, harmless from any and all third-party claims for personal injuries or property damage arising directly as a result of Crow's or Plote's work on the Subject Stormwater Management Easement Premises or on the Subject Property or on the P.U.D.E. during construction or during any subsequent maintenance or repair thereof. Notwithstanding anything to the contrary set forth in this Section 5, neither Crow nor Plote will be responsible for any damages, claims or injuries resulting, in whole or in part, from the Owner's negligence or intentional acts Notwithstanding the foregoing, prior to commencing any construction activities on the Subject Stormwater Management Easement Premises or the Public Utility and Drainage Easement on the Subject Property, the constructing Party or its general contractor shall procure and provide(or cause its general contractor to procure and provide) evidence to other Parties of the following in-force insurance coverages: A. general liability insurance, insuring against claims arising for bodily injury, death or property damage with a combined single limit of not less than Two Million and 00/100 Dollars ($2,000,000.00) and naming the City and each Party as additional insureds (as to which the City and each Party shall be identified as a named insured); and B. workers' compensation insurance in compliance with the requirements of Illinois law. 6. Following the exercise by Crow or Plote of any easement rights granted herein, the Party exercising such easement rights shall repair and restore, as soon as practicable, the Subject Stormwater Management Easement Premises and the Public Utility and Drainage Easement on 3 the Subject Property to the same conditions as existed immediately prior to the exercise of such rights as is reasonably practicable, subject to the modifications, alterations and development described herein. 7. No amendment, revision or modification hereof shall be effective unless it is in writing and signed by all Parties hereto. 8. This Amendment Agreement contains the entire agreement among the Parties on the subject matter hereof and is intended as a complete and exclusive statement of the terms of the Parties' agreement and it supersedes all prior or concurrent promises, representations, proposals, negotiations, discussions, agreements that may have been made in connection with the subject matter hereof. 9. This Amendment Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. The Parties agree that all disputes, legal actions, suits and proceedings arising out of or relating to this Agreement must be brought exclusively in the state or federal courts located in Kane County, Illinois. Each Party hereby consents and submits to the exclusive jurisdiction of the state or federal courts in Kane County, Illinois. No legal action, suit or proceeding with respect to this Agreement may be brought in any other forum. Each Party hereby irrevocably waives all claims of immunity from jurisdiction and any objection which such Party may now or hereafter have to the laying of venue of any suit, action or proceeding in any designated court, including any right to object on the basis that any dispute, action, suit or proceeding brought in the designated courts has been brought in an improper or inconvenient forum or venue. 10. It is understood and agreed that Crow and Plote may utilize the services of third-party contractors, employees, or other agents to perform work in the Subject Stormwater Management Easement Premises or in the Public Utility and Drainage Easement area. 11. A. That Owner hereby represents and warrants to Crow and Plote that the Owner is the fee simple title holder of the Subject Property and has the full power and authority to enter into and make the grant of easement and this Amendment Agreement as provided herein. B. That Crow hereby represents and warrants to the Owner and Plote that Crow is the fee simple title holder of the Crow Property and has the full power and authority to enter into and make the grant of easement and this Amendment Agreement as provided herein. C. That CTT hereby represents and warrants to the Owner and Crow that CTT is the fee simple title holder of the Plote Property and has the full power and authority to enter into and make the grant of easement and this Amendment Agreement as provided herein. D. That Plote hereby represents and warrants to the Owner and Crow that Plote has the full power and authority to enter into and make the grant of easement and this Amendment Agreement as provided herein. 4 12. This Amendment Agreement shall be binding on the Parties hereto, their successors and permitted assigns and shall run with the land. 13. This Amendment Agreement shall be recorded by Crow and Plote, at their cost, with the Kane County Recorder of Deeds. 14. This Amendment Agreement is and shall be deemed and construed to be the joint and collective work product of the Parties hereto, and, as such, this Amendment 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. 15. In the event of any conflict between the terms of this Amendment Agreement and the terms of the subject Easement Grant, the terms of this Amendment Agreement shall supersede and control. Except as expressly amended and supplemented pursuant to this Amendment Agreement, the subject Easement Grant shall remain in full force and effect. 16. This Amendment Agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. 17. The Parties acknowledge and agree that this Amendment Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. Without limitation, "electronic signature" shall include faxed versions of an original signature or electronically scanned and transmitted versions (e.g., via pdf) of an original signature. [Signature and Notary Pages Follow] 5 IN WITNESS WHEREOF, the Parties have entered into and executed this Amendment Agreement on the date and year first written above. CICF II —IUM01, LLC, a Delaware limited liability company By: Cabot Industrial Core Fund II Operating Partnership, LP, a Delaware limited partnership, Its sole member By: A�L��/ Its:Vice President, Asset Management 6 ii Elgin CC, LLC Elgin CC, L.L.C. By: CHI CAL Venture, LLC, a Delaware limited liability company, its sole member By: CHI CAL Developer Investor, LLC, a Delaware limited liability company Its Operator Member By: CHI LTH GP, L.L.C., a Delaware limited liability company Its Managing Member By: Name: Matthew J. Kurucz Title: Vice President Signature Page-Amendment to Plat-Elgin CC 7 i Plote Property Management, LLC, By; Its Signature Page-Amendment to Plat-Plote Property Management 8 i City of Elgin, a municipal corporation By: Mayor Att st: City Clerk Signature Page-Amendment to Plat-City of Elgin 9 i Chicago Title Land Trust Company, not individually, but as succe ustee under land trust number 8002350424 g fY -- C_ Its: This inctrurnNmt is executed by the undersigned Land Trustee, not pei�, .njr soielp as Trustee in the exercise of the power and atOor-iv conferred upon and vested in it as such Trustee. It is e-pressly understood and agreed that all the warranties indemnities, represent a,ions, covenants, undertakings an� agreements herein made on the part of the Trustee are undertaken by it solely in its capacity as Trustee and not personally, No personal liability or personal resccnsibility is assumed by jr shail at any time be asserted or enforceable against the Trustee on account of any waranty, indemnity, representation, covenant, undertaking or agreement of the Trustee in this ensu inim. Signature Page-Amendment to Plat-Chicago Title 10 STATE OF ILLINOIS ) SS COUNTY OF KANE ) I, Er,'ii W(Axr , a Notary Public in and for said County and State, do hereby certify that KdocG�o , of CICF II — IL1M01 LLC, personally known to me to be the same person(s) whose name(s) is/are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he/she/they signed, sealed and delivered said instrument as his/her/their free and voluntary act(s) for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this day of J�l, , A.D., 2020. h ov�3 Notary My Commission Expires: 0 ly -2 (Stamp) :ERIN FICIAL SEAL WEBERNOTARYLIC•STATE OF ILLINOISMY COSION EXPIRES:02/04/23 .nnry^nr 11 STATE OF ILLINOIS ) SS COUNTY OF KANE ) I, a Notary Public in and for said County and State, do hereby certify that of Elgin CC, LLC, personally known to me to be the same person(s) whose name(s) is/are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he/she/they signed, sealed and delivered said instrument as his/her/their free and voluntary act(s) for the uses and purposes therein set forth. GIVEN under my hand and notarial seal thisZ"day of f Ly A.D., 2020. ,Lot—641—� Notary My Commission Expires: 1°1�7L3 (Stamp) SEAN ANDREWS Nouar OFFICIAL SEAL raw Notary Public-State of Illinois My Commission Expires October 28,2023 12 STATE OF ILLINOIS ) SS COUNTY OF KANE ) a Notary Public in and for said County and State, do hereby certify that A`1r1 I Q 4 1\, ��-C of Plote Property Management, LLC, personally known to me to be the same person(s) whose name(s) is/are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he/she/they signed, sealed and delivered said instrument as his/her/their free and voluntary act(s) for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this day of A.D., 2020. n:�14 1 .A1 Notary My Commission Expires: F CIAL SEAL A SCHAAF C•STATE OF ILLINOIS ON EXPIRES-.01M3121 (Stamp) 13 STATE OF ILLINOIS ) SS COUNTY OF KANE ) I, Qvwn� a Notary Public in and for said County and State, do hereby certify that David J. Kaptain, Mayor of the City of Elgin, and Kimberly Dewis, City Clerk of the City of Elgin, personally known to me to be the same person(s) whose name(s) is/are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he/she/they signed, sealed and delivered said instrument as his/her/their free and voluntary act(s) for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this�day of August A.D., 2020. No ry My Commission Expires: of l loldoa4 'Arl9ft.-L JENNIFER J. QUINTON OFFICIAL SEAL 6 Notary Public,State of Illinois My Commission Expires j January 10,2024 q (Stamp) 14 STATE OF ILLINOIS ) SS COUNTY OF a Notary Public in and for said County and State, do hereby certify that C {xO�iY� ii4~1( , of Chicago Title Land Trust Company, personally known to me to be the same person(s) whose name(s) is/are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he/she/they signed, sealed and delivered said instrument as his/her/their free and voluntary act(s)for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this, day of A.D., 2020. Notary My Commission Expires: I /z E"OFFICIAL SEAL" pANIEL `epSti *ry Publla, I WAS OommlNlon bores 09/16/21 15 EXHIBIT A LEGAL DESCRIPTION OF THE OWNER PROPERTY THAT PART OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER AND THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER (EXCEPT THE NORTH 10.50 CHAINS) OF SECTION 31,TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 2 IN RANDALL CROSSINGS BUSINESS PARK SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 25, 2005 AS DOCUMENT 2005K022055,ALSO BEING THE NORTHWEST CORNER OF THE ALFT LANE RIGHT-OF-WAY AS DEDICATED BY SAID DOCUMENT 2005K022055;THENCE SOUTH 89 DEGREES 49 MINUTES 14 SECONDS WEST, ALONG THE NORTH LINE OF SAID LOT 2 AND LOT 3 IN SAID RANDALL CROSSING BUSINESS PARK SUBDIVISION, ALSO BEING THE SOUTH LINE OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 31 AS MONUMENTED AND OCCUPIED, A DISTANCE OF 1276.72 FEET TO THE EAST RIGHT-OF-WAY LINE OF TYRRELL ROAD AS DEDICATED PER DOCUMENT 623240; THENCE NORTH 00 DEGREES 40 MINUTES 43 SECONDS EAST ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 634.28 FEET TO THE WESTERLY EXTENSION OF THE SOUTH LINE OF THE BESAL SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 7, 1996 AS DOCUMENT 96K071800; THENCE NORTH 89 DEGREES 39 MINUTES 17 SECONDS EAST ALONG SAID WESTERLY EXTENSION AND SOUTHERLY LINE, A DISTANCE OF 1294.82 FEET TO THE SOUTHEAST CORNER OF SAID BESAL SUBDIVISION AND THE WESTERLY RIGHT-OF-WAY LINE OF ALFT LANE AS DEDICATED PER DOCUMENT NUMBER 2015K012561, ALSO BEING A POINT OF CURVATURE;THENCE ALONG THE WESTERLY RIGHT- OF-WAY LINE OF SAID ALFT LANE FOR THE FOLLOWING 4 COURSES:1)THENCE SOUTH ALONG SAID CURVE CONCAVE WESTERLY HAVING A RADIUS OF 450.00 FEET SUBTENDING A CHORD BEARING SOUTH 05 DEGREES 22 MINUTES 48 SECONDS WEST,AN ARC DISTANCE OF 74.64 FEET TO A TANGENT LINE; 2)THENCE SOUTH 10 DEGREES 07 MINUTES 54 SECONDS WEST ALONG SAID TANGENT LINE,A DISTANCE OF 72.37 FEET TO A POINT OF CURVATURE;3)THENCE SOUTH ALONG SAID CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 450.00 FEET SUBTENDING A CHORD BEARING SOUTH 04 DEGREES 59 MINUTES 11 SECONDS WEST,AN ARC DISTANCE OF 80.82 FEET TO A TANGENT LINE BEING THE NORTHERLY EXTENSION OF THE WEST RIGHT-OF-WAY LINE OF SAID ALFT LANE; 4) THENCE SOUTH 00 DEGREES 09 MINUTES 32 SECONDS EAST ALONG SAID TANGENT LINE AND NORTHERLY EXTENSION,A DISTANCE OF 412.17 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF DUNDEE, IN KANE COUNTY, ILLINOIS. CONTAINING APPROXIMATELY 812,098 SQUARE FEET(18.643 ACRES+/-) CONTAINING APPROXIMATELY 808,038 SQUARE FEET (18.55 ACRES +/-) ALSO KNOWN AS 2801 ALFT LANE PIN: 03-31-101-002 16 EXHIBIT B LEGAL DESCRIPTION OF THE CROW PROPERTY THAT PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTHERLY OF LAND ACQUIRED BY THE ILLINOIS STATE TOLL HIGHWAY COMMISSION BY PROCEEDINGS FILED IN THE CIRCUIT COURT OF KANE COUNTY, ILLINOIS, AS CASE NO. 56-1213 IN THE TOWNSHIP OF DUNDEE, KANE COUNTY, ILLINOIS. 17 EXHIBIT C LEGAL DESCRIPTION OF THE PLOTE PROPERTY PARCEL 1 THE WEST HALF OF THE SOUTHWEST QUARTER, EXCEPTING THEREFROM THE SOUTHERLY 703.54 FEET OF SECTION 30, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPT THAT PART OF SAID SECTION 30 LYING NORTH OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE EAST ALONG THE NORTH LINE OF SAID QUARTER SECTION 506.23 FEET; THENCE SOUTHEASTERLY ALONG A LINE FORMING AN ANGLE OF 30 DEGREES 39 MINUTES TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE 949.91 FEET TO THE EAST LINE OF THE WEST HALF OF SAID SOUTHWEST QUARTER; THENCE SOUTH ALONG SAID EAST LINE 347.28 FEET FOR THE POINT OF BEGINNING OF SAID LINE; THENCE NORTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 120 DEGREES 15 MINUTES TO THE RIGHT WITH A PROLONGATION OF THE LAST DESCRIBED COURSE 1533.98 FEET TO THE WEST LINE OF SAID QUARTER SECTION BEING THE TERMINATION OF SAID LINE AND ALSO EXCEPT: THAT PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTHERLY ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER 998.59 FEET TO THE CENTER LINE OF A 49.5 FEET WIDE BADGER PIPE LINE COMPANY EASEMENT RECORDED APRIL 20 1954 AS DOCUMENT 748740; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE, WHICH FORMS AN ANGLE OF 100 DEGREES 30 MINUTES 32 SECONDS TO THE RIGHT WITH A PROLONGATION OF THE LAST DESCRIBED COURSE 439.01 FEETTO AN ANGLE IN SAID CENTER LINE;THENCE EASTERLY ALONG SAID CENTER LINE WHICH FORMS AN ANGLE OF 07 DEGREES 12 MINUTES 38 SECONDS TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE 65.95 FEET TO AN ANGLE IN SAID CENTER LINE;THENCE SOUTHEASTERLY ALONG SAID CENTER LINE WHICH FORMS AN ANGLE OF 07 DEGREES 33 MINUTES 34 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE 155.23 FEET; THENCE SOUTHERLY PARALLEL WITH THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 30 876.63 FEETTO A POINT ON THE SOUTH LINE SAID SOUTHWEST QUARTER THAT IS 650.0 FEET EAST OF THE POINT OF BEGINNING; THENCE WEST ALONG SAID SOUTH LINE 650.0 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF DUNDEE AND PARTLY IN THE VILLAGE OF GILBERTS, KANE COUNTY, ILLINOIS. PARCEL 2 THE SOUTHERLY 703.45 FEET OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, 18 EXCEPT THAT PART THEREOF DESCRIBED AS FOLLOWS: THAT PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTHERLY ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER 998.59 FEET TO THE CENTER LINE OF A 49.5 FEET WIDE BADGER PIPE LINE COMPANY EASEMENT RECORDED APRIL 20 1954 AS DOCUMENT 748740; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE, WHICH FORMS AN ANGLE OF 100 DEGREES 30 MINUTES 32 SECONDS TO THE RIGHT WITH A PROLONGATION OF THE LAST DESCRIBED COURSE 439.01 FEETTO AN ANGLE IN SAID CENTER LINE;THENCE EASTERLY ALONG SAID CENTER LINE WHICH FORMS AN ANGLE OF 07 DEGREES 12 MINUTES 38 SECONDS TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE 65.95 FEET TO AN ANGLE IN SAID CENTER LINE;THENCE SOUTHEASTERLY ALONG SAID CENTER LINE WHICH FORMS AN ANGLE OF 07 DEGREES 33 MINUTES 34 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE 155.23 FEET; THENCE PARALLEL WITH THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 30 876.63 FEET TO A POINT ON THE SOUTH LINE SAID SOUTHWEST QUARTER THAT IS 650.0 FEET EAST OF THE POINT OF BEGINNING;THENCE WEST ALONG SAID SOUTH LINE 650.0 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF DUNDEE AND PARTLY IN THE VILLAGE OF GILBERTS, KANE COUNTY, ILLINOIS. 19 EXHIBIT D PLAT OF ABROGATION AND EASEMENT GRANT FOR 2801 MASON ROAD RECORDED ON MAY 26, 2017 AS DOCUMENT NO. 2017K026837 20 ;1 w GRMH1C SCAU{ PLAT OF ABROGATION & iumuininuuiu i I 011eo268" EASEMENT GRANT SURVEY PR N BASLS Of B6dRlAGS .a. 1,.,1,.`f L�PARSD FOR FOR 2801 ALFT LANE PROPERTY ."N�m.SLa'•.""0'•m A•r•:. ` fa.o.Ns.a emx :n•:.w a•r.rar n.,.+r•ef� - - PARENT TRACT 4ELAL DBSCRIPT/ON w ..,.,.....�..,,N..wn.,,am•ro�•....,�..x•.-..on,.,,.,,.�.....,,..en•1 w.,a«...,..n,..w..wr>ra..a o�-�,-aa-ooe 92. .w..•u�-er'°.n.`.":,em"�`�`..ro'�,w".�i.�°n m.•.m.,an.'a`n..+x au s•..r.,�y�„..a•.�.. 1e I suw�.'°..:r. � ..,`r�m`.b°"`•ar`o""�,..�ruu°,'w��n':":":'�,`o��...aw.�..� I.I.ust � . 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