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HomeMy WebLinkAbout23-108 Certified State of Illinois ) County of Kane) City of Elgin ) CERTIFICATE OF CITY CLERK I, Kimberly Dewis, 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. # 23-108 CERTIFIED RESOLUTION AUTHORIZING EXECUTION OF A TEMPORARY CONSTRUCTION EASEMENT AND WARRANTY DEED WITH THE PEOPLE OF THE STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION FOR CERTAIN IMPROVEMENTS AT ILLINOIS ROUTE 31 AND US ROUTE 20 adopted by the Elgin City Council at its legally convened meeting held on April 26, 2023. 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 April 27, 2023. Kimberly D6wd, City Clerk �A (SEAT) Owner: The City of Elgin, an Illinois Resolution No. 23-108 Municipal Corporation Route: IL 31 Section: @ US 20 County: Kane Project No.: Job No.: R-91-012-16 Parcel No.: 1000009 & TE P.I.N. No.: 06-23-400-013; -014 CERTIFIED RESOLUTION AUTHORIZING EXECUTION OF A TEMPORARY CONSTRUCTION EASEMENT AND WARRANTY DEED WITH THE PEOPLE OF THE STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION FOR CERTAIN IMPROVEMENTS AT ILLINOIS ROUTE 31 AND US ROUTE 20 I, David J. Kaptain, Mayor of the City of Elgin, a governmental entity organized and existing under the laws of the State of Illinois, including without limitation, city, village, incorporated town, county, park district, or township, do hereby certify that: 1. The following is a true and correct copy of a resolution adopted by the Councilor Board of said governmental entity,a quorum of its members,trustees,or commissioners being present at a meeting held on the 261h day of April, 2023, and; 2. The resolution has not been amended or revoked and is in full force and effect. BE IT RESOLVED that David J.Kaptain,the Mayor of the above-referenced governmental entity is hereby authorized and directed to convey the governmental entity's interest in the following described real estate in Kane County, Illinois to the People of the State of Illinois, Department of Transportation for highway purposes for and in consideration of the benefits resulting from the construction and maintenance of the highway referred to herein: See attached legal descriptions. BE IT FURTHER RESOLVED that they are authorized and directed to execute and deliver such instruments as may be necessary or convenient to consummate such sale. BE IT FURTHER RESOLVED that the members, aldermen,trustees or commissioners of the Council or Board of the governmental entity or electors of the governmental entity, pursuant to 50 ILCS 605/4 voted for the adoption of this resolution as follows: ti David J. Wtain, kfayor Presented: April 26, 2022 Adopted: April 26, 2022 Omnibus Vote: Yeas: 9 Nays: 0 Attest: Kimberly Dewi , ity Clerk State of Illinois ) ss County of Kane ) This instrument was acknowledged before me on April 26, 2023, by David J. Kaptain, as Mayor of the City of Elgin. (SE JENNIFER J. QUINTON OFFICIAL SEAL Notary Public,State of Illinois tary P lic My Commission Expires January 10,2024 My Commission Expires: o 0 2 Route: IL Route 31 (S. State Street) at US Route 20 Section: County: KANE Job No.: R-91-012-16 Parcel No.: 1000009 Stations: 46+55.20 to 51+64.69 Index No.: 06-23-400-013 & 06-23-400-014 Parcel Description That part of the southeast quarter of Section 23, Township 41 North, Range 8 East of the Third Principal meridian, in Kane County, Illinois, bearings and distances based on the Illinois State Plane Coordinate System, East Zone, NAD83 (2011 adjustment), with a combined factor of 0.99994036, described as follows: Beginning at the Intersection of the southerly right of way Line of the U.S. Route 20 per document 579414 with the east line of a parcel of land described in document 579414; thence South 00 degrees 41 minutes 59 seconds East along said east line, 188.74 feet to the west line of Illinois Route 31; thence South 05 degrees 18 minutes 07 seconds West along said west line, 314.26 feet; thence North 01 degree 01 minute 05 seconds East, 461.86 feet; thence North 70 degrees 19 minutes 12 seconds West, 36.91 feet; thence North 15 degrees 41 minutes 12 seconds East, 40.49 feet to a point of curve, said curve being concave northerly, having a radius of 3029.48 feet with an arc length of 43.88 feet and a chord bearing of South 74 degrees 43 minutes 42 seconds East, a distance of 43.88 feet to the point of beginning. Said Parcel containing 0.205 acres, more or less, of which 0.039 acres, more or less, was previously dedicated or used for highway purposes. APPROVED By Rod Richgruber at 9:42 am,Apr 2Z 2021 3 Route: IL Route 31 (S. State Street) at US Route 20 Section: County: KANE Job No.: R-91-012-16 Parcel No.: 1000009TE Stations: 46+13.54 to 51+76.54 Index No.: 06-23-400-013 & 06-23-400-014 Parcel Description That part of the southeast quarter of Section 23, Township 41 North, Range 8 East of the Third Principal meridian, in Kane County, Illinois, bearings and distances based on the Illinois State Plane Coordinate System, East Zone, NAD83 (2011 adjustment), with a combined factor of 0.99994036, described as follows: Commencing at the Intersection of the southerly right of way line of the U.S. Route 20 per document 579414 with the east line of a parcel of land described in document 579414; thence South 00 degrees 41 minutes 59 seconds East along said east line, 188.74 feet to the west line of Illinois Route 31; thence South 05 degrees 18 minutes 07 seconds West along said west line, 314.26 feet for a point of beginning; thence continuing South 05 degrees 18 minutes 07 seconds West, 41.66 feet along said westerly right of way line of State Route 31; thence North 85 degrees 10 minutes 10 seconds West, 6.90 feet; thence North 01 degree 01 minute 05 seconds East, 457.02 feet; thence North 73 degrees 52 minutes 47 seconds West, 102.65 feet; thence North 17 degrees 09 minutes 54 seconds East, 89.89 feet to a point on the southerly right of way line of said U.S. 20, said point being also a point on a non-tangent curve; thence easterly along said southerly line, being also a curve concave northerly, having a radius of 3029.48 feet with an arc length of 61.55 feet and a chord bearing of South 73 degrees 43 minutes 53 seconds East, a distance of 61.55 feet; thence South 15 degrees 41 minutes 12 seconds West, 40.49 feet; thence South 70 degrees 19 minutes 12 seconds East, 36.91 feet; thence South 01 degree 01 minute 05 seconds West, 461.86 feet to the point of beginning. Said Parcel containing 0.280 acres, more or less. APPROVED By Miguel.Coreano at 12:44 pm, Dec 28, 2022 4 Route: IL Route 31 (S. State Street) at US Route 20 Section: County: KANE Job No.: R-91-012-16 Parcel No.: 1000009 Stations: 46+55.20 to 51+64.69 Index No.: 06-23-400-013 & 06-23-400-014 Parcel Description That part of the southeast quarter of Section 23, Township 41 North, Range 8 East of the Third Principal meridian, in Kane County, Illinois, bearings and distances based on the Illinois State Plane Coordinate System, East Zone, NAD83 (2011 adjustment), with a combined factor of 0.99994036, described as follows: Beginning at the Intersection of the southerly right of way Line of the U.S. Route 20 per document 579414 with the east line of a parcel of land described in document 579414; thence South 00 degrees 41 minutes 59 seconds East along said east line, 188.74 feet to the west line of Illinois Route 31; thence South 05 degrees 18 minutes 07 seconds West along said west line, 314.26 feet; thence North 01 degree 01 minute 05 seconds East, 461.86 feet; thence North 70 degrees 19 minutes 12 seconds West, 36.91 feet; thence North 15 degrees 41 minutes 12 seconds East, 40.49 feet to a point of curve, said curve being concave northerly, having a radius of 3029.48 feet with an arc length of 43.88 feet and a chord bearing of South 74 degrees 43 minutes 42 seconds East, a distance of 43.88 feet to the point of beginning. Said Parcel containing 0.205 acres, more or less, of which 0.039 acres, more or less, was previously dedicated or used for highway purposes. APPROVED By Rod Richgruber at 9:42 am,Apr 2Z 2421 3 Route: IL Route 31 (S. State Street) at US Route 20 Section: County: KANE Job No.: R-91-012-16 Parcel No.: 1O00009TE Stations: 46+13.54 to 51+76.54 Index No.: 06-23-400-013 & 06-23-400-014 Parcel Description That part of the southeast quarter of Section 23, Township 41 North, Range 8 East of the Third Principal meridian, in Kane County, Illinois, bearings and distances based on the Illinois State Plane Coordinate System, East Zone, NAD83 (2011 adjustment), with a combined factor of 0.99994036, described as follows: Commencing at the Intersection of the southerly right of way line of the U.S. Route 20 per document 579414 with the east line of a parcel of land described in document 579414; thence South 00 degrees 41 minutes 59 seconds East along said east line, 188.74 feet to the west line of Illinois Route 31; thence South 05 degrees 18 minutes 07 seconds West along said west line, 314.26 feet for a point of beginning; thence continuing South 05 degrees 18 minutes 07 seconds West, 41.66 feet along said westerly right of way line of State Route 31; thence North 85 degrees 10 minutes 10 seconds West, 6.90 feet; thence North 01 degree 01 minute 05 seconds East, 457.02 feet; thence North 73 degrees 52 minutes 47 seconds West, 102.65 feet; thence North 17 degrees 09 minutes 54 seconds East, 89.89 feet to a point on the southerly right of way line of said U.S. 20, said point being also a point on a non-tangent curve; thence easterly along said southerly line, being also a curve concave northerly, having a radius of 3029.48 feet with an arc length of 61.55 feet and a chord bearing of South 73 degrees 43 minutes 53 seconds East, a distance of 61.55 feet; thence South 15 degrees 41 minutes 12 seconds West, 40.49 feet; thence South 70 degrees 19 minutes 12 seconds East, 36.91 feet; thence South 01 degree 01 minute 05 seconds West, 461.86 feet to the point of beginning. Said Parcel containing 0.280 acres, more or less. APPROVED By Miguel,Goreano at 12:44 pm,Dec 28, 2022 4 Owner: The City of Elgin, an Illinois municipal corporation Route: IL 31 Section: @ US 20 County: Kane Project No.: Job No.: R-91-012-16 Parcel No.: 1000009 &TE P.I.N. No.: 06-23-400-013; -014 TEMPORARY CONSTRUCTION EASEMENT (Donation) (Municipal Corporation) The City of Elgin, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois and duly authorized to do business under the Statutes of the State of Illinois, (Grantor), by David J. Kaptain , its Mayor , for and in consideration of the benefits resulting from the construction and maintenance of the highway referred to herein, and pursuant to the provisions of 50 ILCS 605/4 hereby represents that Grantor owns the fee simple title to and grants and conveys to the People of the State of Illinois, Department of Transportation, (Grantee), a temporary construction easement for the purpose of roadway construction and other highway purposes, on, over, and through the following described real estate: See attached legal description. Address: 600 South State Street, Elgin IL 60123 situated in the County of Kane, State of Illinois. The above-described real estate and improvements located thereon are herein referred to as the "premises." The right, easement and privilege granted herein shall terminate Five years from the execution of this document, or on the completion of the proposed project, whichever is the sooner. Grantor shall have and retain all rights to use and occupy the premises and access to Grantor's remaining property, except as herein expressly granted; provided, however, that Grantor's use and occupation of the premises may not interfere with Grantee's use of the premises in the purposes herein described. Grantor, without limiting the interest above granted and conveyed, acknowledges that upon payment of the agreed consideration, all claims arising out of the above acquisition have been settled, including without limitation, any diminution in value to any remaining property of the Grantor caused by the opening, improving and using the premises for highway purposes. This acknowledgment does not waive any claim for trespass or negligence against the Grantee or Grantee's agents which may cause damage to the Grantor's remaining property. This grant shall constitute a covenant, which runs with the land, and shall be binding upon the legal representatives, successors and assigns of Grantor. Page 1 of 2 (New 4112) Dated this 26th day of April 20 23 . The City of Elgin By: -L- Sig4ature David J. Kaptain, Mayor Print Name and Title ATTEST: By: hl,I g ture Kimberly Dewis, City Clerk Print Name and Title State of Illinois ) ss County of Kane ) This instrument was acknowledged before me on April 26 20 23, by David J. Kaptain as Mayor and Kimberly Dewis , as City Clerk of The City of Elgin, a governmental entity organized and existing under the laws of Illinois. (SEA JENNIFER J. QUINTON OFFICIAL SEAL Notary Public,State of Illinois N IIC My Commission Expires ry January 10,2024 My Commission Expires: o o , oa'-� This instrument was prepared by and after recording, mail this instrument to: Illinois Department of Transportation ATTN: Bureau of Land Acquisition 201 Center Court, Schaumburg, IL 60196-1096 Page 2 of 2 (New 4112) Route: IL Route 31 (S. State Street) at US Route 20 Section: County: KANE Job No.: R-91-012-16 Parcel No.: 1000009TE Stations 46+13.54 to 51+76.54 Index No.: 06-23-400-013 & 06-23-400-014 Parcel Description That part of the southeast quarter of Section 23, Township 41 North, Range 8 East of the Third Principal meridian, in Kane County, Illinois, bearings and distances based on the Illinois State Plane Coordinate System, East Zone, NAD83 (2011 adjustment), with a combined factor of 0.99994036, described as follows: Commencing at the Intersection of the southerly right of way line of the U.S. Route 20 per document 579414 with the east line of a parcel of land described in document 579414; thence South 00 degrees 41 minutes 59 seconds East along said east line, 188.74 feet to the west line of Illinois Route 31; thence South 05 degrees 18 minutes 07 seconds West along said west line, 314.26 feet for a point of beginning; thence continuing South 05 degrees 18 minutes 07 seconds West, 41.66 feet along said westerly right of way line of State Route 31; thence North 85 degrees 10 minutes 10 seconds West, 6.90 feet; thence North 01 degree 01 minute 05 seconds East, 457.02 feet; thence North 73 degrees 52 minutes 47 seconds West, 102.65 feet; thence North 17 degrees 09 minutes 54 seconds East, 89.89 feet to a point on the southerly right of way line of said U.S. 20, said point being also a point on a non-tangent curve; thence easterly along said southerly line, being also a curve concave northerly, having a radius of 3029.48 feet with an arc length of 61.55 feet and a chord bearing of South 73 degrees 43 minutes 53 seconds East, a distance of 61.55 feet; thence South 15 degrees 41 minutes 12 seconds West, 40.49 feet; thence South 70 degrees 19 minutes 12 seconds East, 36.91 feet; thence South 01 degree 01 minute 05 seconds West, 461.86 feet to the point of beginning. Said Parcel containing 0.280 acres, more or less. APPROVED By Miguel.Coreano at 12:44 pm,Dec 28,2022 Owner: The City of Elgin, an Illinois municipal corporation Route: IL 31 Section: @ US 20 County: Kane Job No.: R-91-012-16 Parcel No.: 1000009 & TE P.I.N. No.: 06-23-400-013; -014 WARRANTY DEED (Donation) (Municipal Corporation) (Non-Freeway) The City of Elgin, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois and duly authorized to do business under the Statutes of the State of Illinois, (Grantor), for and in consideration of the benefits resulting from the construction and maintenance of the highway referred to herein, and pursuant to the provisions of 50 ILCS 605/4, grants, conveys, and warrants to the People of the State of Illinois, Department of Transportation, (Grantee), the following described real estate: See attached legal description. Address: 600 South State Street, Elgin IL 60123 situated in the County of Kane, State of Illinois, subject to any and all easements, agreements, covenants and restrictions of record. The above-described real estate and improvements located thereon are herein referred to as the"premises." Grantor, without limiting the interest above granted and conveyed, acknowledges that upon payment of the agreed consideration, all claims arising out of the above acquisition have been settled, including without limitation, any diminution in value to any remaining property of the Grantor caused by the opening, improving and using the premises for highway purposes. This acknowledgment does not waive any claim for trespass or negligence against the Grantee or Grantee's agents which may cause damage to the Grantor's remaining property. Page 1 of 2 (Rev.2/15/15) Dated this 26th day of April 20 23 . The City of Elgin By: uivj� gnat re David J. Kaptain, Mayor Print Name and Title ATTEST: By: Si ature Kimberly Dewis, City Clerk Print Name and Title State of Illinois ) ) ss County of Kane ) This instrument was acknowledged before me on April 26 2023 , by David J. Kaptain as Mavor and Kimberly Dewis , as City Clerk of The City of Elgin, a governmental entity organized and existing under the laws of Illinois. (SEAL) JENNIFER J. WINTON Z" OFFICIAL SEAL Not PU Ic Notary Public,State of Illinois My Commission Expires January 10,2024 My Commission Expires: of o o Ll Exempt under 35 ILCS 200/31-45(b), Real Estate Transfer Tax Law. April 26, 2023 Date Buyer, Seller or Representative This instrument was prepared by and after recording, mail this instrument and future tax bills to: Illinois Department of Transportation ATTN: Bureau of Land Acquisition 201 Center Court, Schaumburg, IL 60196-1096 Page 2 of 2 (Rev.2/15/15) Route: IL Route 31 (S. State Street) at US Route 20 Section: County: KANE Job No.: R-91-012-16 Parcel No.: 1000009 Stations 46+55.20 to 51+64.69 Index No.: 06-23-400-013 & 06-23-400-014 Parcel Description That part of the southeast quarter of Section 23, Township 41 North, Range 8 East of the Third Principal meridian, in Kane County, Illinois, bearings and distances based on the Illinois State Plane Coordinate System, East Zone, NAD83 (2011 adjustment), with a combined factor of 0.99994036, described as follows: Beginning at the Intersection of the southerly right of way Line of the U.S. Route 20 per document 579414 with the east line of a parcel of land described in document 579414; thence South 00 degrees 41 minutes 59 seconds East along said east line, 188.74 feet to the west line of Illinois Route 31; thence South 05 degrees 18 minutes 07 seconds West along said west line, 314.26 feet; thence North 01 degree 01 minute 05 seconds East, 461.86 feet; thence North 70 degrees 19 minutes 12 seconds West, 36.91 feet; thence North 15 degrees 41 minutes 12 seconds East, 40.49 feet to a point of curve, said curve being concave northerly, having a radius of 3029.48 feet with an arc length of 43.88 feet and a chord bearing of South 74 degrees 43 minutes 42 seconds East, a distance of 43.88 feet to the point of beginning. Said Parcel containing 0.205 acres, more or less, of which 0.039 acres, more or less, was previously dedicated or used for highway purposes. APPROVED By Rod Richgruber at 9:42 am, Apr 22, 2021 (t Illinois Department Of Transportation Affidavit of Title Owner: The City of Elgin, an Illinois Municipal Corporation Address: 600 South State Street, Elgin IL 60123 Route: IL 31 Section: @ US 20 County: Kane Project: Job No. R-91-012-16 Parcel No. 1000009&TE P.I.N. No. 06-23-400-013; -014 State of Illinois ) ) ss. County of Kane ) I, David J. Kaptain Mayor , being first duly sworn upon oath states as follows: 1. Affiant has personal knowledge of the facts averred herein. 2. ® There are no parties other than Grantor in possession of any portion of the premises described in the attached Exhibit "A" through easement, lease, oral or written, or otherwise, whether or not of record. It is subject to those parties that have interests of record. ❑ There are no parties other than Grantor and the parties listed below in possession of any portion of the premises described in the attached Exhibit"A"through easement, lease, oral or written, or otherwise, whether or not of record: SEE ATTACHED EXHIBIT "A" 3. This affidavit is made to provide factual representation as a basis for the State of Illinois to accept a document of conveyance for the premises described in said conveyance, the premises being a portion of or all of the above described premises, from the record owners thereof. 4. The affiant has no knowledge of any driveway agreements, encroachments, overlaps, or boundary line disputes involving the premises to be conveyed. 5. The said premises described in Exhibit "A" are: (Check One) ® Vacant and unimproved ❑ Agricultural and unimproved ❑ Improved and (A) There have been no improvements made or contracted for on the premises within six (6) months immediately preceding the date of the affidavit, out of which a claim for a mechanics' lien could accrue or has accrued, and (B) To the best of my knowledge all improvements now on the premises comply with all local building and zoning ordinances. Page 1 of 3 LA 4111A(Rev. 11/07/11) 6. There are no chattel mortgages, conditional sales contracts or financing statements existing on or in connection with the premises to be conveyed which are not shown by the public records. 7. There are no taxes or special assessments which are not shown as existing liens by the public records involving the premises described in Exhibit A. 8. Per 50 ILCS 105/3.1, the identities of all owners and beneficiaries having an interest in the premise to be conveyed are as follows (check applicable box(es) and complete information requested): ❑ Individual. Individual owner of the property is: ❑ Nonprofit Organization. There is no individual or other organization receiving distributable income from the organization. ® Public Organization, including units of local government. There is no individual or other organization receiving distributable income from the organization. ❑ Publicly-Traded Corporation. There is no readily known shareholder having more than 7-1/2% of the total distribution income of the corporation. ❑ Corporation, Partnership, Limited Liability Company. Those entitled to receive more than 7- 1/2% of the total distributable income of said entity are as follows: Name Address *1. 2. 3. 4. ❑ Land Trust or Declaration of Trust. The identity of each beneficiary of Grantor Trust is as follows: Name Address *1. 2. 3. 4. * IF THE INITIAL DISCLOSURES SHOW INTERESTS HELD BY ANOTHER CORPORATION, PARTNERSHIP, LIMITED LIABILITY COMPANY, OR TRUST, THEN FURTHER DISCLOSURES SHOULD BE PROVIDED UNTIL THE NAMES OF INDIVIDUALS OWNING THE INTEREST IN THE ENTITY ARE DISCLOSED. Page 2 of 3 LA 4111A(Rev. 11/07/11) Dated this 26th day of April , 20 23_. By: David J.Kaptain,Mayor Print Name and Title if applicable State of Illinois ) ss. County of Kane ) This instrument was acknowledged before me on April 26 20 23 by JENNIFER J. QUINTON (SEAL OFFICIAL SEAL Notary Public,State of Illinois ary Public My Commission Expires January 10,2024 ZMyymmission Expires: lo'ao Aq' NOTE: THIS AFFIDAVIT MAY BE EXECUTED AND ACKNOWLEDGED ON BEHALF OF THE RECORD OWNER(S) BY ANY ONE OF THE RECORD OWNERS, OFFICERS, MANAGERS, PARTNERS, OR TRUSTEES HAVING KNOWLEDGE OF THE FACTS IN THIS AFFIDAVIT. Page 3 of 3 LA 4111A(Rev. 11/07/11) Date:02/13/2023 Job R-91-012-16 US 20 County Kane Section State Street(IL 31) Parcel 1000009 WTC Number: I1-2020KN-1725.0 A.L.T.A. COMMTMENT FORM Schedule A Continued LEGAL DESCRIPTION THAT PART OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 41 NORTH,RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF THE AFORESAID SOUTHEAST QUARTER OF SECTION 23 WITH THE SOUTHERLY RIGHT OF WAY LINE OF THE U.S. ROUTE 20 BY-PASS; THENCE SOUTH 00 DEGREES 09 MINUTES 40 SECONDS WEST, ALONG AFORESAID WEST LINE OF THE SOUTHEAST QUARTER,A DISTANCE OF 797.77 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 86 DEGREES 33 MINUTES 51 SECONDS EAST, A DISTANCE OF 564.68 FEET; THENCE NORTH 03 DEGREES 31 MINUTES 48 SECONDS EAST,A DISTANCE OF 820.00 FEET TO THE AFORESAID SOUTHERLY RIGHT OF WAY LINE OF U.S. ROUTE 20 BY-PASS; THENCE SOUTH 88 DEGREES 46 MINUTES 03 SECONDS EAST, ALONG SAID SOUTHERLY RIGHT OF WAY LINE, A DISTANCE OF 1123.09 FEET;THENCE SOUTHEASTERLY, ALONG SAID SOUTHERLY RIGHT OF WAY LINE, A DISTANCE OF 1123.09 FEET; THENCE SOUTHEASTERLY, ALONG SAID SOUTHERLY RIGHT OF WAY LINE, BEING ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 959.76 FEET, CHORD BEARING OF SOUTH 72 DEGREES 47 MINUTES 03 SECONDS EAST, AN ARC DISTANCE OF 208.78 FEET; THENCE SOUTH 66 DEGREES 33 MINUTES 09 MINUTES EAST, ALONG SAID SOUTHERLY RIGHT OF WAY LINE, TANGENT TO THE LAST DESCRIBED CURVE, A DISTANCE OF 4.20 FEET;THENCE SOUTHEASTERLY, ALONG SAID SOUTHERLY RIGHT OF WAY LINE, BEING ALONG A CURVE TO THE LEFT,HAVING A RADIUS OF 3029.48 FEET,CHORD BEARING OF SOUTH 70 DEGREES 50 MINUTES 57 SECONDS EAST, AN ARC DISTANCE OF 454.37 FEET TO THE WESTERLY RIGHT OF WAY LINE OF STATE ROUTE NO. 31; THENCE SOUTH 00 DEGREES 42 MINUTES 08 SECONDS EAST,ALONG SAID ISSUED BY: Wheatland Title Company 105 W.Veterans Parkway Yorkville,Illinois 60560 Agent for: Fidelity National Title Insurance Company Date:02/13/2023 Job R-91-012-16 US 20 County Kane Section State Street(IL 31) Parcel 1000009 WESTERLY RIGHT OF WAY LINE,A DISTANCE OF 188.74 FEET; THENCE SOUTH 05 DEGREES 17 MINUTES 58 SECONDS WEST, ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 601.06 FEET; THENCE SOUTHWESTERLY, ALONG SAID WESTERLY RIGHT OF WAY LINE BEING ALONG A CURVE TO THE RIGHT,HAVING A RADIUS OF 3241.17 FEET, CHORD BEARING OF SOUTH 11 DEGREES 18 MINUTES 04 SECONDS WEST,AN ARC DISTANCE OF 679.01 FEET; THENCE SOUTH 21 DEGREES 43 MINUTES 17 SECONDS WEST,ALONG SAID WESTERLY RIGHT OF WAY LINE,A DISTANCE OF 96.27 FEET; THENCE SOUTH 20 DEGREES 14 MINUTES 40 SECONDS WEST,ALONG SAID WESTERLY RIGHT OF WAY LINE,A DISTANCE OF 68.38 FEET TO A JOG IN SAID WESTERLY LINE; THENCE NORTH 69 DEGREES 35 MINUTES 38 SECONDS WEST ALONG SAID JOG, A DISTANCE OF 30.00 FEET; THENCE SOUTH 20 DEGREES 14 MINUTES 40 SECONDS WEST ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 20.00 FEET TO A JOG IN SAID WESTERLY RIGHT OF WAY LINE; THENCE SOUTH 69 DEGREES 35 MINUTES 38 SECONDS EAST,ALONG SAID JOG, A DISTANCE OF 30.00 FEET; THENCE SOUTH 20 DEGREES 14 MINUTES 40 SECONDS WEST, ALONG SAID WESTERLY RIGHT OF WAY LINE,A DISTANCE OF 95.40 FEET; THENCE SOUTH 40 DEGREES 51 MINUTES 13 SECONDS WEST, ALONG SAID WESTERLY RIGHT OF WAY LINE A DISTANCE OF 49.38 FEET; THENCE SOUTH 65 DEGREES 11 MINUTES 41 SECOND WEST, ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 27.00 FEET; THENCE SOUTH 22 DEGREES 31 MINUTES 54 SECONDS WEST,ALONG SAID WESTERLY RIGHT OF WAY LINE,A DISTANCE OF 107.73 FEET; THENCE SOUTH 28 DEGREES 49 MINUTES 52 SECONDS EAST, ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 32.11 FEET; THENCE NORTH 84 DEGREES 37 MINUTES 06 SECONDS WEST,A DISTANCE OF 1110.23 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "A"; THENCE CONTINUING NORTH 84 DEGREES 37 MINUTES 06 SECONDS WEST,A DISTANCE OF 557.75 FEET; THENCE NORTH 86 DEGREES 41 MINUTES 37 SECONDS WEST,A DISTANCE OF 344.06 FEET TO THE AFORESAID WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 23; THENCE NORTH 00 DEGREES 09 MINUTES 40 SECONDS EAST,ALONG SAID WEST LINE, A DISTANCE OF 1165.55 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THAT PART OF AFORESAID SOUTHEAST QUARTER OF SECTION 23 DESCRIBED AS FOLLOWS: COMMENCING AT THE AFORESAID POINT "A"; THENCE NORTH 05 DEGREES 22 MINUTES 54 SECONDS EAST,A DISTANCE OF 422.29 FEET; THENCE SOUTH 79 ISSUED BY: Wheatland Title Company 105 W.Veterans Parkway Yorkville,Illinois 60560 Agent for: Fidelity National Title Insurance Company Date:02/13/2023 Job R-91-012-16 US 20 County Kane Section State Street(IL 31) Parcel 1000009 DEGREES 01 MINUTES 05 SECONDS EAST,A DISTANCE OF 78.58 FEET FOR THE POINT OF BEGINNING OF EXCEPTION; THENCE NORTH 79 DEGREES 01 MINUTES 05 SECONDS WEST,ALONG THE LAST DESCRIBED COURSE AND SAID LINE EXTENDED WESTERLY, A DISTANCE OF 461.30 FEET; THENCE NORTH 10 DEGREES 58 MINUTES 55 SECONDS EAST, A DISTANCE OF 394.97 FEET; THENCE SOUTH 79 DEGREES 01 MINUTES 05 SECONDS EAST,A DISTANCE OF 357.62 FEET; THENCE SOUTH 10 DEGREES 58 MINUTES 55 SECONDS WEST,A DISTANCE OF 284.28 FEET; THENCE SOUTH 790 DEGREES 01 MINUTES 05 SECONDS EAST, A DISTANCE OF 103.68 FEET; THENCE SOUTH 10 DEGREES 58 MINUTES 55 SECONDS WEST,A DISTANCE OF 110.70 FEET TO THE POINT OF BEGINNING. SITUATED IN THE COUNTY OF KANE AND STATE OF ILLINOIS. PERMANENT TAX NUMBER(S): 06-23-400-013; 06-23400-014 ISSUED BY: Wheatland Title Company 105 W.Veterans Parkway Yorkville,Illinois 60560 Agent for: Fidelity National Title Insurance Company Dated: April 26, 2023 1 recognize my right to an appraisal and compensation in the full amount of the approved appraisal. However, I wish to donate the necessary right of way. The City Igin Sigpfflure David J. Kaptain, Mayor Print Name &Title Statement of Compliance with the Public Officers Prohibited Activities Act (50 ILCS 105/3.1) CHECK ONE ❑ Grantor has not received and will not receive a non-monetary benefit from the Illinois Department of Transportation (for example, an added improvement, re-built or relocated improvement or any other valuable service) in exchange for the donation of this parcel. OR X❑ Grantor has received or will receive a non-monetary benefit from the Illinois Department of Transportation in exchange for the donation of this parcel. To comply with 50 ILCS 105/3.1, Grantor shall disclose, in writing, all owners, beneficiaries, etc. of this parcel. The City of Elgin Si6datur,V David J. Kaptain, Mayor Print Name & Title Confirmed: Illinois Department of Transportation Representative By: Date Illinois Department of Transportation Receipt for Donation Owner: The City of Elgin, an Illinois Municipal Corporation Job No.: R-91-012-16 Parcel No.: 1000009 &TE The People of the State of Illinois, Department of Transportation (Grantee) acknowledges receipt of Donation of Right of Way covering 0.205 / 8930 acres/square feet dated April 26 . 20 23 , in Kane County, State of Illinois as right of way for IL 31, and executed by the undersigned Grantor for the parcel referenced above. Grantor and Grantee agree as follows: 1. All improvements located, wholly or partially, on the parcel being conveyed shall become the property of the State of Illinois, unless provided as follows: Any improvements related to utilities owned by Grantor. 2. Grantor and Grantee agree that possession and transfer of legal title to Grantee occurs when title has been reviewed and approved by Grantee in accordance with Section 9.02 of the Illinois State Finance Act. The Grantor also agrees to protect, preserve and maintain the property and improvements purchased by Grantee until delivery of possession to Grantee, and this shall be the sole responsibility of the Grantor until such time. 3. This Receipt and conveyance documents are the entire and exclusive agreement between the parties and supersede any written or oral understanding promise or agreement, directly or indirectly related to the donation of the parcel and improvements. The parties agree that any changes to this Receipt may only be made in writing and signed by the parties. The foregoing notwithstanding, it is the intent of Grantor and Grantee that a certain intergovernmental agreement relating to the conveyance be concurrently entered into by Grantor and Grantee, said intergovernmental agreement being identified as Job No.: C-91-195-18, Contract No.: 62G41, Agreement No.: JN-123-008. Grantor and Grantee agree that said intergovernmental agreement shall not in any way merge with the conveyance of the parcel referenced above, but shall survive such conveyance and remain valid and enforceable in all respects following such conveyance. The y of El By: 24z Signature David J. Kaptain, Mayor Print Name and Title Receipt of the donation executed by this Grantor is acknowledged. Date for Illinois Department of Transportation Page 1 of 1 (Rev.09111)