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HomeMy WebLinkAbout23-191Resolution No. 23-191 RESOLUTION AUTHORIZING EXECUTION OF AN ECONOMIC INCENTIVE AGREEMENT WITH TOLLGATE ROAD INVESTORS, LLC (1100-1120 Toll Gate Road) 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 Economic Incentive Agreement on behalf of the City of Elgin with Tollgate Road Investors, LLC, for economic development assistance in connection with the development of 1100-1120 Toll Gate Road, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: October 11, 2023 Adopted: October 11, 2023 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ECONOMIC INCENTIVE AGREEMENT This Economic Incentive Agreement (hereinafter referred to as the "Agreement") is made and entered into as of this 11 th day of October 2023, by and between the City of Elgin, an Illinois municipal corporation (hereinafter referred to as "the City"), and Tollgate Road Investors, LLC, an Illinois limited liability corporation (hereinafter referred to as "the "Developer"). WHEREAS, the Developer is the owner of the property commonly known as 1100- 1120 Toll Gate Road, Elgin, Illinois, such property legally described within Exhibit A, attached hereto and made a part hereof by this reference (hereinafter referred to as the "Subject Property"); and WHEREAS, the real property for the Subject Property is approximately 32 acres in area; and WHEREAS, the Developer is constructing two industrial buildings on the Subject Property (hereinafter referred to as the "Subject Project"); and WHEREAS, the Developer proposes to improve that portion of Toll Gate Road shown on the Improvement Plans (as hereinafter defined) that generally runs along the south side of the property commonly known as 1500 Scottsdale Court, Elgin, IL, such property being legally described in Exhibit B, attached hereto and made a part hereof by this reference (hereinafter referred to as the "H.B. Fuller Property"); and WHEREAS, the H.B. Fuller Property is owned by H.B. Fuller Company, a Minnesota corporation (hereinafter referred to as "H.B. Fuller"); and WHEREAS, the above -described improvements include a 36-foot-wide street cross section that matches the Toll Gate Road cross section on the Subject Property and Toll Gate Road to the east of the H.B. Fuller Property and. a 5-foot-wide sidewalk that includes an ADA-compliant pedestrian crossing at Scottsdale Court (collectively hereinafter referred to as the "Toll Gate Road Improvements" and depicted upon Exhibit C, attached hereto and made a part hereof by this reference), which Toll Gate Road Improvements are more particularly described in those certain "Tollgate Road Roadway Improvement Plans" prepared by Haeger Engineering as Project No. 20193 and dated April 18, 2023 and revised August 1, 2023 (the "Improvement Plans"); and WHEREAS, the Toll Gate Road Improvements require the acquisition of a portion of the H.B. Fuller Property by the City for use as public right-of-way and a city easement, said properties being legally described and depicted on Exhibit C as "Tollgate Road Dedication Parcel 1" (hereinafter referred to as the "Dedication Parcel") and as "City Easement" (hereinafter referred to as the "City Easement"; and WHEREAS, the Developer desires to facilitate the dedication of the Dedication Parcel and the City Easement to the City in accordance with this Agreement and it is 1 2023_09_15 v6 understood that the City intends to vacate two parcels from the Toll Gate Road right-of- way immediately south of the H.B. Fuller Property as depicted and legally described on Exhibit C as "Tollgate Road Vacation Parcel 2A" and "Tollgate Road Vacation Parcel 2B" (collectively hereinafter referred to as the "Toll Gate Road Vacation Parcels") and convey same to H.B. Fuller for the purposes of incenting the dedication of the Dedication Parcel and the City Easement to the City by H.B. Fuller; and WHEREAS, in conjunction with this Agreement, the City will be entering into an agreement whereby the City will cause the conveyance of the Toll Gate Road Vacation Parcels to H.B. Fuller, and in exchange H.B. Fuller will cause the dedication of the Dedication Parcel and the City Easement to the City (the "Exchange Agreement"); and WHEREAS, to induce the Developer to (a) cause the Toll Gate Road Improvements to be performed in accordance with the Improvement Plans and (b) assist with the process of effecting the dedication of the Dedication Parcel and City Easement to the City to the limited extent set forth herein, the City will waive its development fees associated with the construction and completion of the Toll Gate Road Improvements; and WHEREAS, the Developer would not be inclined to proceed with performing the Toll Gate Road Improvements or facilitating the dedication of the Dedication Parcel and City Easement to the City without certain economic development assistance from the City; and WHEREAS, section 8-11-20 of the Illinois Municipal Code (65 ILCS 5/8-11-20) authorizes municipalities including the City to enter into economic incentive agreements relating to the development or redevelopment of lands within the corporate limits of a municipality; and WHEREAS, the City is a home rule unit authorized to exercise any power and perform any function relating to its government and affairs; and WHEREAS, economic incentive agreements including the economic incentive agreement as provided for in this agreement pertain to the government and affairs of the City; and WHEREAS, the Subject Project is expected to create job opportunities within the City; and WHEREAS, the Developer meets high standards of credit worthiness and financial strength; and WHEREAS, this Agreement is made in the best interests of the City. 2 2023_09_15 v6 NOW, THEREFORE, for and in consideration of the mutual promises and undertakings contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Recitals. The foregoing recitals are incorporated into this Agreement in their entirety. 2. Developer Assistance. The Developer shall provide the following items to the City within ten (10) days of the execution of this Agreement to expedite the conveyances necessary before the Toll Gate Road Improvements may commence, as set forth and described in the Exchange Agreement: A. A plat of dedication depicting the Dedication Parcel and City Easement being conveyed from H.B. Fuller to the City; B. A plat of vacation for the Toll Gate Road Vacation Parcels, which plat of vacation may be reflected in a consolidated instrument with the plat of dedication noted in subparagraph A above (collectively, the plats noted in A and B, hereinafter referred to as the "Plat"); C. A plat of survey and legal description that depicts and describes the H.B. Fuller Property with the Dedication Parcel removed from the H.B. Fuller Property and with the City Easement and Toll Gate Road Vacation Parcels added to the H.B. Fuller Property; D. A check payable to the City in the amount of ten thousand dollars ($10,000) for the purposes of the City providing compensation to H.B. Fuller pursuant to the Exchange Agreement, the amount which the City shall return to the Developer in full if the Plat is not recorded within six (6) months of the execution of this Agreement; E. A check payable to the City in the amount of two thousand five hundred dollars ($2,500) for the purposes of the City providing compensation to H.B. Fuller for attorney's fees pursuant to the Exchange Agreement, the amount which the City shall return to the Developer in full if the Plat is not recorded within six (6) months of the execution of this Agreement; and F. A check payable to the City in the amount of six hundred dollars ($600) for the purposes of the City providing compensation to H.B. Fuller for an updated title insurance policy statement pursuant to the Exchange Agreement, the amount which the City shall return to the Developer in full if the Plat is not recorded within six (6) months of the execution of this Agreement. 3. Toll Gate Road Improvements. Provided that the City secures ownership of the Dedication Parcel and rights to the City Easement (the date on which the City secures such ownership and rights hereinafter referred to as the "Transfer Date"), Developer, at 3 2023_09_15 v6 its cost, shall construct the Toll Gate Road Improvements in accordance with the Improvement Plans. In connection therewith, Developer shall cause the Toll Gate Road Improvements to be performed in accordance with all applicable legal requirements, including, but not limited to, the planned development ordinance for the Subject Property and other applicable city ordinances and codes. Except as otherwise provided in this Agreement, all costs and expenses relating to the Toll Gate Road Improvements shall be the responsibility of and shall be paid for by the Developer. The Developer shall commence the Toll Gate Road Improvements within one (1) year of the Transfer Date and shall complete the Toll Gate Road Improvements within two (2) years of the Transfer Date. The commencement of the Toll Gate Road Improvements shall mean the grading of the right-of-way associated with the Toll Gate Road Improvements. Completion of the Toll Gate Road Improvements shall mean the substantial completion of the Toll Gate Road Improvements in accordance with the Improvement Plans as evidenced by the City's acceptance of same. Developer's failure to commence and complete the Toll Gate Road Improvements as provided in this Agreement shall constitute a default under this Agreement. 4. "Fast -Track" Permitting Process and Waiver of Certain Development Fees for the Subject Project. A. In consideration for the Developer's undertaking and completion of the Toll Gate Road Improvements, the City agrees to provide economic incentives to conduct a "fast -track" permitting process for the Toll Gate Road Improvements and agrees to waive building and development permit fees, water tap and water meter fees, fire alarm and fire sprinkler permit fees, plan review fees, engineering permit fees, subdivision review fees, zoning fees, and occupancy permit fees, collectively referred to as "Development Fees," which may otherwise be due and payable to the City in connection with the establishment of the Toll Gate Road Improvements. B. Impact fees are not required with development of the Toll Gate Road Improvements. C. Any impact fees or other fees that may be due and owing to any other governmental entity other than the City shall be paid by the Developer. D. It is not the intent of this Agreement to reimburse the Developer for any of the fees described within Subsection 4.A. of this Agreement that the Developer may have already paid prior to the execution of this Agreement, and the Developer shall not be reimbursed for any such costs. 5. Miscellaneous. A. That this Agreement shall not be deemed or construed to create an employment, joint venture, partnership, or other agency relationship between the parties hereto. 4 2023_09_15 v6 B. That all notices or other communications hereunder shall be made in writing and shall be deemed given if personally delivered or mailed by registered or certified mail, return receipt requested, to the parties at the following addresses, or at such other addressed for a party as shall be specified by like notice, and shall be deemed received on the date on which said hand delivered or the second business day following the date on which so mailed: TO THE CITY: City of Elgin 150 Dexter Court Elgin, IL 60120-5555 Attention: Richard G. Kozel, City Manager With a copy of any such notice to: City of Elgin 150 Dexter Court Elgin, IL 60120-5555 Attention: Corporation Counsel TO THE DEVELOPER: c/o High Street Logistics Properties One Premiere Plaza 5606 Glenridge Drive, Suite 350 Atlanta, GA 30342 Attention: Jay Puckhaber, Manager Director, Development & Construction C. That the failure by a party to enforce any provision of this Agreement against the other party shall not be deemed a waiver of the right to do so thereafter. D. That this Agreement may be modified or amended only in writing signed by both parties hereto, or their permitted successors or assigns, as the case may be. E. That this Agreement contains the entire agreement and understanding of the parties hereto with respect to the subject matter as set forth herein, all prior agreements and understandings having been merged herein and extinguished hereby. F. That this Agreement is and shall be deemed and construed to be a joint and collective work product of the City and the Developer and, as such, this Agreement shall not be construed against the other party, as the otherwise purported drafter of same, by any court of competent jurisdiction to resolve any inconsistency, ambiguity, vagueness or conflict, if any, in the terms or provisions contained herein. G. That this Agreement is subject to and shall be governed by the laws of the State of Illinois. H. That this Agreement shall be binding on the parties hereto and their respective successors and permitted assigns. This Agreement and the obligations herein may not be assigned (except as provided herein) without the express written consent of each of the parties hereto, which consent may be withheld at the sole discretion of either the 5 2023_09_15 v6 parties hereto. Notwithstanding the foregoing, the Developer may with written notice to the City assign this Agreement to an affiliated entity under the direction and control of Developer. The City shall not place any instrument of record with respect to the terms and provisions of this Agreement in so long as the Developer provides a surety to the City for the Toll Gate Road Improvements in a form approved by the City Corporation Counsel and in an amount equal to 110 percent of an Estimate of Probable Costs approved by the City Engineer. Said surety shall be provided to the City prior to the issuance of a permit for the Toll Gate Road Improvements. I. The City and the Developer agree that, in the event of a default by the other party, the other party shall, prior to taking any such actions as may be available to it, provide written notice to the defaulting party stating that they are giving the defaulting party thirty (30) days within which to cure such default. If the default shall not be cured within the thirty (30)-day period aforesaid, then the party giving such notice shall be permitted to avail itself of remedies to which it may be entitled under this Agreement; provided, however, in the event that such condition giving rise to such default is such that it cannot with the exercise of reasonable diligence be cured within said thirty (30) days and the defaulting party diligently undertakes said performance within said thirty (30) day period, and thereafter diligently pursues such performance, the time to so perform shall be extended for an additional period, not to exceed ninety (90) days total, to effect such cure. J. If either party fails or refuses to carry out any of the material covenants or obligations hereunder, the other party shall be entitled to pursue any and all available remedies as specified herein or otherwise available at law, equity or otherwise. Without limiting the foregoing, in the event of a default by the Developer, the Developer shall pay to the City the amount of the Development Fees waived by the City for the Subject Project pursuant to paragraph 4 of this Agreement. Notwithstanding the foregoing or anything else to the contrary in this Agreement, with the sole exception of an action to recover the cost of the Development Fees for the Subject Project the City has agreed to waive pursuant to the preceding paragraph 4 of this Agreement, no action shall be commenced by the Developer against the City for monetary damages. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County, Illinois. In the event any action is brought by the City against the Developer or its permitted assigns with respect to this Agreement and the City is the prevailing party in such action, the City shall also be entitled to recover from the Developer reasonable interest and reasonable attorney's fees. K. Time is of the essence of this Agreement. L. This Agreement shall be construed, and the rights and obligations of the City and the Developer hereunder shall be determined in accordance with the laws of the State of Illinois without reference to its conflict of laws rules. M. No past, present or future elected or appointed official, officer, employee, attorney, agent or independent contractor of the City shall be charged personally or held 6 2023_09_15 v6 contractually liable under any term or provision of this Agreement including, but not limited to, because of their negotiation, approval, execution or attempted execution of this Agreement. N. Notwithstanding any other provisions of this Agreement, it is expressly agreed and understood by the Developer and the City that in connection with the performance of this Agreement, that the Developer shall comply with all applicable federal, state, city and other requirements of law including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, the Developer hereby certifies, represents and warrants to the City that all of the Developer's employees and/or agents who will be employed for the Subject Project shall be legal residents of the United States. The City shall have the right to audit any records in the possession or control of the Developer to determine the Developer's compliance with the provisions of this section. In the event the City proceeds with such an audit, the Developer shall make available to the City the Developer's relevant records at no cost to the City. The Developer shall also pay any and all costs associated with any such audit. The provisions of this section shall survive any termination, completion and/or expiration of this Agreement. O. The Developer, on behalf of itself and its respective successors, assigns and grantees hereby acknowledges the propriety, necessity and legality of all of the terms and provisions of this Agreement and does hereby further agree and does waive any and all rights to any and all legal or other challenges or defenses to any of the terms and provisions of this Agreement and hereby agrees and covenants on behalf of itself and its successors, assigns and grantees of the Subject Property, not to sue the City or maintain any legal action or other defenses against the City with respect to any challenges of the terms and provisions of this Agreement. The provisions of this section shall survive any termination, completion and/or expiration of this Agreement. P. This Agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. For the purposes of executing this Agreement, this Agreement may be executed electronically and any signed copy of this Agreement transmitted by email or facsimile shall be treated in all manners and respects as an original document. An electronic signature and/or the signature of any party on a copy of this Agreement transmitted by email or facsimile shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such emailed or faxed copy of this Agreement shall be considered to have the same binding legal effect as an original document. At the request of either party, any electronically executed, e-mail, or facsimile copy of this Agreement shall be re -executed by the parties in an original form. No party to this Agreement shall raise the use of electronic execution, email, or facsimile as a defense to this Agreement and shall forever waive such defense. SIGNATURE PAGE FOLLOWS 7 2023 09 15 v6 IN WITNESS WHEREOF, the City and the Developer have executed this Agreement on the date and year first written above. CITY OF ELGIN, TOLLGATE ROAD INVESTORS, LLC an Illinois municipal corporation an Illinois limited liability corporation imberly Dew'. ' ity 8 2023_09_15 v6 By: John R:-I46adley Its: Chief Financial Officer, Chief Compliance Officer Treasurer & Secretary Exhibit A Legal Description of the 1100-1120 Toll Gate Road: ALL THAT CERTAIN LOT OR PARCEL OF LAND SITUATED IN THE COUNTY OF KANE, STATE OF ILLINOIS, IDENTIFIED AS LOTS 1, 2, 3 AND 4, AS SHOWN ON A PLAN ENTITLED "FINAL PLAT OF SUBDIVISION OF HIGH STREET TOLLGATE", ORIGINALLY PREPARED ON AUGUST 20, 2021, PREPARED BY HAEGER ENGINEERING AS PROJECT NO. 20-193, REC- ORDED ON RECORDED 2/10/2023 IN PLAT BOOK 2023K004222. 2023_09_15 v6 Exhibit B Legal Description of the H.B. Fuller Property, 1500 Scottsdale Court: LOT 4 OF TOLLGATE INDUSTRIAL PARK ACCORDING TO THE PLAT THEREOF DOCU- MENT 2002K056010 AND CERTIFICATE OF CORRECTION DOCUMENT 2002K094534 AND PART OF STREET ADJOINING VACATED BY ORDINANCE DOCUMENT 2003K055294 DE- SCRIBED AS FOLLOWS: THAT PART OF TOLLGATE ROAD AS MONUMENTED AND SHOWN AS ILLINOIS STATE TOLL HIGHWAY ASSOCIATION PARCEL N-4D- 62.1 PER "NORTH ELGIN INDUSTRIAL PLAZA" BEING A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION 33 AND PART OF THE SOUTHWEST QUARTER OF SECTION 34, ALL IN TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 17, 1973 AS DOCUMENT 1278513 IN PLAT BOOK 66 PAGES 4 & 5, FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT THE IRON ROD ON THE NORTH LINE OF SAID TOLLGATE ROAD AT THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 33; THENCE SOUTH 74 DEGREES 48 MINUTES 45 SECONDS EAST FOR 233.56 FEET ALONG THE SAID NORTH LINE OF TOLLGATE ROAD AS MONUMENTED; THENCE SOUTH 15 DEGREES 11 MINUTES 15 SECONDS WEST FOR 35.00 FEET PERPENDICULAR TO SAID NORTH LINE OF TOLLGATE ROAD; THENCE NORTH 66 DEGREES 17 MINUTES 24 SECONDS WEST FOR 236.17 FEET TO THE PLACE OF BEGINNING, ALL IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. 2023_09_15 v6 Exhibit C Tollgate Road Improvement Plans, prepared by Haeger Engineering and dated May 26, 2023: 2023_09_15 v6 TOLLGATE ROAD DEDICATION PARCEL 1: THAT PART OF TOLLGATE ROAD VACATED BY THE CITY OF ELGIN, KANE COUNTY, ILLINOIS BY ORDINANCE NO. S3.03 AND RECORDED AS DOCUMENT 2003K055294, IN PART OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST AT THE SOUTHWEST CORNER OF LOT 4 IN TOLLGATE INDUSTRIAL PARK PER DOCUMENT 2002K056010; THENCE SOUTH 66 DEGREES 17 MINUTES 24 SECONDS EAST ALONG THE SOUTHWESTERLY LINE OF SAID VACATED LAND, 74.86 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 75 DEGREES 01 MINUTES 08 SECONDS EAST, 159.53 FEET TO THE EAST UNE OF SAID VACATED LAND; THENCE SOUTH 15 DEGREES 11 MINUTES 15 SECONDS WEST 24.48 FEET TO AFORESAID SOUTHWESTERLY LINE; THENCE NORTH 66 DEGREES 17 MINUTES. 24 SECONDS WEST ALONG SAID SOUTHWESTERLY LINE, 161.31 FEET TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, IN THE TOWNSHIP OF DUNDEE, KANE COUNTY, ILUNOIS. FRO,� " Parcel 2A R .w..,, .sro ez p• 7, F M ' N ` Eiac R Prop' Rte6tm. y Easement ar �.�` Way i o, I oNw LEGEND Parcel 1 - R.O.W. Dedication (Area = 1,953 sf) Parcel 2A - R.O.W. Vacation (Area = 402 sf) Parcel 28 - R.O.W. Vacation (Area = 1,827 sf) City Easement (Area = 2,856 sf) TOLLGATE ROAD VACATION PARCEL 2A: THAT PART OF TOLLGATE ROAD LYING SOUTHERLY AND CONTIGUOUS TO LAND VACATED BY THE CITY OF ELGIN, KANE COUNTY. ILLINOIS BY ORDINANCE NO. S3-03 AND RECORDED AS DOCUMENT 2003K055294, IN PART OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN. DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 4 IN TOLLGATE INDUSTRIAL PARK PER DOCUMENT 2002K056010; THENCE SOUTH 66 DEGREES 17 MINUTES 24 SECONDS EAST ALONG THE SOUTHWESTERLY LINE OF SAID VACATED LAND, 74.86 FEET; THENCE NORTH 75 DEGREES 01 MINUTES 09 SECONDS WEST, 70.96 FEET TO THE EAST LINE OF.HIGH STREET TOLLGATE SUBDIVISION; THENCE NORTH 00 DEGREES 01 MINUTES 21 SECONDS EAST ALONG SAID EAST LINE, -11.76 FEET TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, IN THE TOWNSHIP OF DUNDEE, KANE COUNTY, ILLINOIS. LOT 4 Parcel 1 Parcel 2B TOLLGATE ROAD VACATION PARCEL NO. 2B: THAT PART OF TOLLGATE ROAD CONTIGUOUS TO TOLLGATE INDUSTRIAL] PARK PER DOCUMENT 2002K058010, ALL IN THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE CITY OF ELGIN. IN THE TOWNSHIP 0 DUNDEE, KANE COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: BEGINNING A THE SOUTHEAST CORNER OF LOT 4 IN SAID TOLLGAT� INDUSTRIAL PARK THENCE SOUTH 75 DEGREES 52 MINUTES 16 SECONDS WEST, 20.23 FEET; THENCE NORTH 75 DEGREES 01 MINUTEST 09 SECONDS WEST, 170.33 FEET TO THE EAST LINE OF LAND VACATED PER DOCUMENT 2003K055294; THENCE NORTH 15 DEGREES 11 MINUTES 15 SECONDS EAST ALONG SAID EAST LINE. 10.52 FEET TO THE SOUTH LINE OF SAID LOT 4; THENCE SOUTH 74 DEGREES 48 MINUTES 45 SECONDS EAST ALONG SAID SOUTH LINE, 187.98 FEET TO THE POINT OP BEGINNING, IN THE CITY OF ELGIN, IN THE TOWNSHIP OF DUNDEE, KAN1 COUNTY, ILLINOIS. CITY EASEMENT: THAT PART OF TOLLGATE ROAD CONTIGUOUS TO TOLLGATE INDUSTRIAL PARK PER DOCUMENT 2002K056010, ALL IN THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE CITY OF ELGIN, IN THE TOWNSHIP OF DUNDEE, KANE COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: BEGINNING A THE SOUTHEAST CORNER OF LOT 4 IN SAID TOLLGATE INDUSTRIAL PARK; THENCE SOUTH 75 DEGREES 52 MINUTES 16 SECONDS WEST, 5.84 FEET TO THE -POINT OF BEGINNING; THENCE SOUTH 75 DEGREES 52 MINUTES 16 SECONDS WEST, 14.39 FEET; THENCE NORTH 75 DEGREES 01 MINUTES 09 SECONDS WEST, 400.81 FEET TO THE SOUTHERLY EXTENSION OF THE EAST LINE SAID LOT 4; THENCE NORTH 00 DEGREES 01 MINUTES 21 SECONDS EAST ALONG SAID EAST UNE, 7.25 FEET; THENCE SOUTH 75 DEGREES 01 MINUTES 09 SECONDS EAST. 415.26 FEET TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, IN THE TOWNSHIP OF DUNDEE, KANE COUNTY, ILLINOIS. LOT 1 NORTH 0 so Scale: V = 50' Proud Manger. KML Engineer. KML Dale: .2023 Project No. 20193 ISheet 05-261 l /2 fl 0 CITY EASEMENT (C.E.) PROVISIONS AN EXCLUSIVE AND PERMANENT EASEMENT (UNLESS SHOWN HEREON AS A NON- EXCLUSIVE-RIGHT,JE: IN-COMMONWITH OTHER -GRANTEES) -IS -HEREBY -RESERVED FOR AND GRANTED TO THE CITY OF ELGIN. AN ILLINOIS MUNICIPAL CORPORATION, AND ITS SUCCESSORS AND ASSIGNS FOR THE INSTALLATION, CONSTRUCTION. RECONSTRUCTION, REPLACEMENT, ALTERATION, ENLARGEMENT, OPERATION, INSPECTION, REPAIR. MAINTENANCE, RELOCATION, RENEWAL AND REMOVAL OF IMPROVEMENTS. FACILITIES AND APPURTENANCES, INCLUDING WITHOUT LIMITATION ANY AND ALL MANHOLES, HYDRANTS, PIPES, CONNECTIONS AND CATCH BASINS, TO SERVE THESE AND OTHER LANDS WITH IMPROVEMENTS, INCLUDING BUT NOT LIMITED TO FORCE MAINS, SANITARY SEWERS, STORM SEWERS, STORM DRAINAGE, WATER MAINS, PEDESTRIAN WALKWAYS, MUNICIPAL SIGNAGE AND OTHER MUNICIPAL OR PUBLIC UTILITY PURPOSES DESIGNATED BY SAID CITY, IN, ACROSS, ALONG, OVER, UNDER AND UPON THE AREAS DESCRIBED HEREIN AND HEREON IDENTIFIED AS "CITY EASEMENT' OR 'C.E.,' TOGETHER WTH THE RIGHT TO INSTALL REQUIRED SERVICE CONNECTIONS UNDER THE SURFACE OF EACH LOT TO SERVE IMPROVEMENTS THEREON: AND TOGETHER WITH THE RIGHT TO ENTER UPON THE PROPERTY WITH SUCH PERSONNEL AND EQUIPMENT AS MAY BE DEEMED NECESSARY FOR ALL SUCH USES AND PURPOSES. NO OBSTRUCTION OR STRUCTURE SHALL BE ERECTED OR LOCATED. NOR SHALL ANY TREES BE PLANTED, OVER SAID EASEMENT AREAS, NOR SHALL ANY OTHER ACTIVITIES BE UNDERTAKEN THAT UNREASONABLY INTERFERE WITH THE CITY'S INTENDED USE THEREOF, BUT THE SAME MAY BE USED FOR LANDSCAPING. FENCING, PARKING OR OTHER PURPOSES IF APPROVED IN WRITING BY THE CITY OF ELGIN AND IF SUCH USE DOES NOT THEN OR LATER INTERFERE WITH THE AFOREMENTIONED PURPOSES. THE RIGHT IS ALSO HEREBY GRANTED TO THE CITY OF ELGIN TO REMOVE ANY FENCES. BUILDINGS OR STRUCTURES AND TO CUT DOWN, TRIM OR REMOVE ANY TREES, SHRUBS, BUSHES, ROOTS OR OTHER PLANTINGS THAT INTERFERE WITH THE OPERATION OF OR ACCESS TO SUCH FACILITIES IN, ON, UPON. ACROSS, UNDER OR THROUGH SAID CITY EASEMENT. THE CITY SHALL NOT BE RESPONSIBLE FOR THE REPLACEMENT OR REPAIR OF ANY SUCH FENCES, BUILDINGS, STRUCTURES, TREES, TURF. GARDENS, SHRUBS. LANDSCAPING OR OTHER IMPROVEMENTS REMOVED DURING THE EXERCISE OF THE HEREIN GIVEN RIGHTS. REPLACEMENT AND/OR REPAIR OF SAID ITEMS SHALL BE THE RESPONSIBILITY OF THE THEN PROPERTY OWNER. ANY OTHER PUBLIC UTILITIES SHALL BE PERMITTED TO CROSS SAID CITY EASEMENT AT RIGHT ANGLES THERETO IF APPROVED IN WRITING BY THE CITY OF ELGIN AND PROVIDED THAT SUCH IS DONE IN A MANNER THAT DOES NOT THEN OR LATER UNREASONABLY INTERFERE WITH THE CITY'S INTENDED USE OF THE EASEMENT AREAS: HOWEVER NO ELECTRICAL TRANSFORMERS, SWITCHING EQUIPMENT, JUNCTION BOXES, OR ANY OTHER SUCH FACILITIES OR EQUIPMENT, SHALL BE ERECTED EITHER ABOVE OR BELOW GROUND ON SAID LANDS DUE TO SUCH CROSSINGS i NORTH 0 50 Scale:1 * = 50' W U F OO Z a W Vf z 0 W I 0� W W OC � 0= WZZ re 1— 1— W o Qgz o aH JO OOC O O C a G_ (7 W J () J 0 a. Prejecl Manger. KML Engineer. KML Dab; 05-26.2023 Project No. 20193 Shcel �f 2/2