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HomeMy WebLinkAbout23-192Resolution No. 23-192 RESOLUTION AUTHORIZING EXECUTION OF AN EXCHANGE AGREEMENT WITH H.B. FULLER COMPANY, A MINNESOTA CORPORATION, SUCCESSOR BY MERGER WITH WISDOM ADHESIVES, LLC F/K/A WILLOW LAKE SUB, LLC (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 Exchange Agreement on behalf of the City of Elgin with H.B. Fuller Company, a Minnesota Corporation, successor by merger with Wisdom Adhesives, LLC f/k/a Willow Lake Sub, LLC, for the expansion of 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 Version 9/1/2023 EXCHANGE AGREEMENT This Exchange Agreement (the "Agreement") is made and entered into as of the 1 lth day of October , 2023, by and between the City of Elgin, a municipal corporation of the Counties of Kane and Cook, State of Illinois (hereinafter referred to as the "City"), and H.B. Fuller Company, a Minnesota corporation, successor by merger with Wisdom Adhesives, LLC f/k/a Willow Lake Sub, LLC, a Minnesota limited liability company (hereinafter referred to as "H.B. Fuller"). WITNESSETH: WHEREAS, following the merger of Wisdom Adhesives, LLC (formerly known as Willow Lake Sub, LLC), a Minnesota limited liability company with and into H.B. Fuller, H.B. Fuller is the owner of certain real estate in the City of Elgin, Kane County, Illinois, commonly known as 1500 Scottsdale Court, Elgin, Kane County, Illinois, located at the northwest corner of Toll Gate Road and Scottsdale Court, with such property being legally described on Exhibit A attached hereto (the "H.B. Fuller Property"); and WHEREAS, City is the record owner of certain real estate in the City of Elgin, Kane County, Illinois, consisting of public right-of-way located along the south side of the H.B. Fuller Property and commonly known as Toll Gate Road (the "Toll Gate ROW"); and WHEREAS, the City vacated and conveyed 4,087 square feet of the Toll Gate ROW to a predecessor owner of the H.B. Fuller Property, and that conveyance was approved by Ordinance Number S3-03, adopted by the City Council of the City on February 12, 2003, and recorded on a Plat of Vacation with the Kane County Recorder's Office on April 3, 2003, as Document Number 2003K055294 (the "Conveyance Parcel"); and WHEREAS, the City adopted Ordinance Number S1-22 on January 26, 2022, which annexed approximately thirty-two (32) acres of property immediately to the west of the H.B. Fuller Property, and recorded same in the Kane County Recorder's Office on February 4, 2022, as Document Number 2022K007074, with such property being legally described in Exhibit B attached hereto (the "High Street Property"); and WHEREAS, the City adopted Ordinance Number S7-22 on September 28, 2022, which provided for corrections to the legal description within Ordinance Number S1-22, and recorded same in the Kane County Recorder's Office on November 9, 2022, as Document Number 2022K054156; and WHEREAS, the City adopted Ordinance Number G1-22 on January 26, 2022, which established PGI Planned General Industrial District zoning on the High Street Property; and WHEREAS, the City issued building permits on March 16, 2023, which authorize the construction of two industrial buildings on the High Street Property; and WHEREAS, the developer of the High Street Property has expressed an interest in improving that portion of Toll Gate Road within the Toll Gate ROW with a 36-foot wide street US.358983170.03 that is similar in width and construction to that portion of Toll Gate Road lying immediately south of the High Street Property and that portion of Toll Gate Road lying easterly of the H.B. Fuller Property, the installation of a watermain, 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 on Exhibit C attached hereto); and WHEREAS, the Toll Gate Road Improvements necessitate that H.B. Fuller dedicate approximately 1,953 square feet of the Conveyance Parcel to the City for use as public right-of- way, said property being legally described and depicted on Exhibit C as "Tollgate Road Dedication Parcel 1" (hereinafter referred to as the "Dedication Parcel"); and WHEREAS, the Toll Gate Road Improvements further necessitate that H.B. Fuller grant to the City a 7-foot wide easement located northerly of the Toll Gate ROW to accommodate the installation and allow future repair and maintenance of the watermain to be installed within the Toll Gate ROW, said easement area being legally described and depicted Exhibit C as "City Easement" (hereinafter referred to as the "City Easement"); and WHEREAS, the City desires to vacate and convey to H.B. Fuller a 402-square-foot parcel legally described and depicted on Exhibit C as "Tollgate Road Vacation Parcel 2A" (hereinafter referred to as "Vacation Parcel 2A") and a 1,953-square-foot parcel legally described and depicted on Exhibit C as "Tollgate Road Vacation Parcel 2B" (hereinafter referred to as "Vacation Parcel 2B"), from the existing Toll Gate ROW since Vacation Parcel 2A and Vacation Parcel 2B (collectively hereinafter referred to as the Vacation Parcels") are not necessary for the Toll Gate Road Improvements; and WHEREAS, City and H.B. Fuller are desirous of exchanging the Dedication Parcel and the City Easement for the Vacation Parcels, and H.B. Fuller requires assurances that there will be no undue interference with the access to the H.B. Fuller Property in connection with the construction of the Toll Gate Road Improvements such that H.B. Fuller will continue to have access to the H.B. Fuller Property during any development or construction activity; and WHEREAS, H.B. Fuller intends to use the Vacation Parcels as part of the H.B. Fuller Property; and WHEREAS, City plans to use the Dedication Parcel as right-of-way to facilitate the Toll Gate Road Improvements, and the City Easement in the event that the City must maintain the watermain to be constructed within the Toll Gate ROW. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, it is agreed as follows: 1. Property and Fair Market Value. The City and H.B. Fuller stipulate and agree that the Dedication Parcel, City Easement, and the other benefits that will accrue to the City by virtue of this Exchange Agreement are equal in fair market value to the Vacation Parcels and other consideration provided for in this Exchange Agreement. -2- 2. Exchange of Property. In consideration of those items set forth in Section 3 herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, H.B. Fuller agrees to and shall dedicate to the City the Dedication Parcel and grant to the City the City Easement by executing a plat of dedication and of easement therefore (hereinafter referred to as the "Plat of Dedication"), and the City agrees to and shall vacate the Vacation Parcels by a plat of vacation therefore (hereinafter referred to as the "Plat of Vacation") and convey by ordinance and quitclaim deed the Vacation Parcels to H.B. Fuller. The Plat of Dedication and Plat of Vacation may be reflected in a consolidated instrument that depicts the boundaries of the combined H.B. Fuller Property and Vacation Parcels, as well as the Dedication Parcel (which document shall hereinafter be referred to as the "Consolidated Plat"). 3. Obligations and Responsibilities of the Parties. a. The City will prepare, submit, and recommend approval of a zoning application for variation that would make the resulting approximately 10-foot setback of the existing driveway along the south lot line of the New H.B. Fuller Property be in compliance with the City zoning ordinance whereas a 16-foot setback would otherwise be required. H.B. Fuller consents to the actions of the City described within this Subsection 3.a. The City shall incur all costs associated with said application for variation. Fuller's obligations under this Agreement are expressly contingent upon the City's approval of such zoning application for variation. b. Following the execution of this Exchange Agreement, the City shall promptly provide the Consolidated Plat referenced in Section 2 above for execution by H.B. Fuller. c. H.B. Fuller shall execute the Consolidated Plat and return the original to the City promptly after its receipt thereof. d. Following the execution and return of the Consolidated Plat by H.B. Fuller, the City shall promptly adopt appropriate ordinances approving the Consolidated Plat, and providing for the conveyance of the Vacation Parcels to H.B. Fuller. e. The City shall pay to H.B. Fuller ten thousand dollars ($10,000) within thirty (30) days of approval of the Consolidated Plat by the City. f. In addition, the City agrees to reimburse H.B. Fuller for attorney's fees incurred by H.B. Fuller (up to a maximum reimbursement of $2,500) relating to the negotiation, execution and performance of this Agreement. H.B. Fuller shall provide an invoice to the City with respect to such attorney's fees. The City shall reimburse H.B. Fuller for such attorney's fees by paying such amount to H.B. Fuller within thirty (30) days after approval of the Consolidated Plat by the City. - 3 - g. H.B. Fuller shall provide to the City a current W-9, which H.B. Fuller acknowledges is necessary before the City can process and make the above - described payments. h. To the extent that such information is not set out in the Consolidated Plat, the City shall provide to H.B. Fuller within fifteen (15) days of the execution of this Exchange Agreement a plat of survey and legal description that depicts and describes the boundaries of the combined H.B. Fuller Property and Vacation Parcels, as well as the Dedication Parcel. 4. Conveyance of Dedication Parcel to City. The conveyance by H.B. Fuller to the City of the Dedication Parcel shall be by a plat of dedication for a public street and a public sidewalk easement. Pursuant to Section 2, said plat of dedication may be reflected in the Consolidated Plat. 5. Conveyance of Vacation Parcels to H.B. Fuller. The conveyance by the City to H.B. Fuller of the Vacation Parcels shall be by a plat of vacation and adoption of an ordinance and quitclaim deed conveying the Vacation Parcels to H.B. Fuller. Said plat of vacation may be reflected in the Consolidated Plat. 6. Title Insurance Commitment. H.B. Fuller shall obtain from Chicago Title Insurance Company (the "Title Company") a commitment for an ALTA Owner's title insurance policy (the "Commitment") covering the H.B. Fuller Property, the Vacation Parcels and the Dedication Parcel. The City agrees to pay the cost for the issuance of the Commitment (up to a maximum amount of $1,000). At the closing, H.B. Fuller shall pay any title insurance premiums required for the issuance of a title insurance policy requested by H.B. Fuller, and the City shall pay any title insurance premiums required for the issuance of a title insurance policy requested by the City. The City shall pay any recording fees due with respect to this transaction, and any transfer taxes due in connection with this transaction. The City and H.B. Fuller shall share equally any escrow fees charged by the Title Company. 7. Review of Title. If either party is not satisfied with the information contained in the Commitment, it may terminate this Agreement by written notice to the other party without liability to either party hereunder. 8. Conditions Precedent to Fuller's Obligations. The obligations of H.B. Fuller under this Agreement are contingent upon H.B. Fuller obtaining, on or prior to the date of closing, a binding owner's policy of title insurance with respect to the H.B. Fuller Property (including the Vacation Parcels) issued by the Title Company in form and substance acceptable to H.B. Fuller in its sole discretion, insuring H.B. Fuller as the fee owner of the H.B. Fuller Property and the Vacation Parcels and including endorsements satisfactory to H.B. Fuller (a "Title Policy"). If this condition has not been satisfied on or before the date of closing, then H.B. Fuller may, in its discretion, terminate this Agreement by notice to the City. The condition in this Section 8 is specifically stated and for the sole benefit of H.B. Fuller. H.B. Fuller in its discretion may unilaterally waive (conditionally or absolutely) the fulfillment of this condition, or any part thereof, by notice to the City. -4- 9. Agreement Terminable by Either Party. At any time prior to the closing and the transfer of ownership of any property, either the City or H.B. Fuller may terminate this Agreement for any reason by notice to the other party without liability to either party hereunder. 10. Representations, Warranties and Covenants. Without limitation of any other provision of this Agreement and as a material inducement to each party's entering into this Agreement, each party represents, warrants, and covenants with respect to such party's parcel to the other party that: A. From and after the date hereof, each party agrees not to (a) sell, transfer, convey, or encumber or cause to be sold, transferred, conveyed, or encumbered, that party's property or any part thereof, or (b) alter or amend the zoning classification of such property, except as intended by the City with the permission of H.B. Fuller described within Subsection 3.h. of this Exchange Agreement, or (c) otherwise perform or permit any act or deed which shall materially diminish, encumber, or affect the intended grantee's rights in and to the applicable parcel or prevent Grantor from performing fully his obligations hereunder, in each case without the express written consent of the intended grantee. B. To each party's knowledge, there are, and as of the execution of the above -describe plat of dedication and plat of vacation there will be no violations of any federal, state, county, or municipal statutes, laws, codes, ordinances, rules, regulations, orders, decrees, and directives relating to the use and condition of such party's parcel of which it has notice. Each party covenants and warrants that it shall notify the other party in writing with respect to matters of which it has notice on or before the closing and shall take such action as may be necessary to comply with such statutes, laws, regulations, codes, ordinances, rules, orders, decrees, and directives relating to the use or condition of the applicable parcel prior to the closing. C. To each party's knowledge (i) each party, or any agent thereof, has not received any notice from any governmental or quasi -governmental body or agency or from any person or entity with respect to, and does not know of, any actual or threatened taking of, the applicable parcel or any portion thereof for any public or quasi -public purpose by the exercise of the right of condemnation or eminent domain and (ii) there is no claim, litigation, proceeding, or governmental investigation pending or threatened against or relating to the applicable parcel or any portion thereof, or against the transactions contemplated by this Agreement, or against the intended grantor which affects the intended grantor's ownership of the applicable parcel, this transaction, or the ability of the intended grantor to perform hereunder. D. To each party's knowledge, neither the execution nor delivery of this Exchange Agreement, consummation of the transactions contemplated hereby, nor fulfillment of or compliance with the terms and conditions hereof conflicts with or will result in a breach of any of the terms, conditions, or provisions of any agreement or instrument to which such party is a party or by which it is bound, or constitutes a default under any of the foregoing, or results in the creation of a lien, - 5 - claim, charge, or encumbrance on the applicable parcel other than those matters approved by the intended grantee pursuant to the terms hereof; and this Exchange Agreement and all documents to be executed pursuant hereto by the intended grantor are and shall be binding upon and enforceable there against in accordance with their respective terms. E. To each party's knowledge, no labor, material, or services have been furnished by or at the direction of the intended grantor in, on, or about the applicable parcel, or any part thereof, as a result of which any mechanics', laborer's, or materialmen's liens or claims thereof might arise. No person has any right of first refusal or any option to acquire title to the intended grantor's parcel or any part thereof. In the event of any of the foregoing representations, covenants, and warranties are not true and accurate, the aggrieved party shall have the right to rescind this Agreement prior to executing the Consolidated Plat. 11. No Interference with Access During Construction Activities. The City agrees with H.B. Fuller that during the construction of the Toll Gate Road Improvements there will be no undue interference with access to the H.B. Fuller Property from nearby public roads, it being understood and agreed that H.B. Fuller will continue to have access to the H.B. Fuller Property during any development or construction activity. 12. Brokers. The parties represent and warrant to each other that neither dealt with a broker or finder with respect to the transaction contemplated hereunder, and each party hereby indemnifies and agrees to save, defend, and hold the other party harmless from and against any loss, cost, damage, claim, Liability, or expense, including but not limited to reasonable attorneys' fees and litigation costs suffered or incurred by such other party as a result of a breach of the foregoing warranty. 13. Assurances of Cooperation. The parties hereby covenant and agree that they will at all times prior to executing the above -described plat of dedication or plat of vacation, and from time to time do, execute, acknowledge, and deliver or will cause to be done, executed, acknowledged, and delivered all such further acts, documents, and instruments as may reasonably be required by the other party, and following reasonable approval by counsel for the party to perform, in order to carry out fully and effectuate the transaction herein contemplated in accordance with the provisions of this Exchange Agreement. 14. INTENTIONALLY OMITTED. 15. Authority. The parties represent to each other that each has the power and authority to enter into this Exchange Agreement in the names, titles, and capacities herein stated and on behalf of entities, persons, estates, or firms represented or purported to be represented by such person and further represent that all formal requirements necessary or required by any statutes, laws, ordinances, codes, rules, regulations, orders, decrees, directives, articles of incorporation, charters, or bylaws for each of them to enter into this Exchange Agreement have been complied with. -6- 16. Entire Agreement. This Exchange Agreement represents the entire agreement between the parties hereto and shall not be modified or affected by any offer, proposal, statement, or representation, oral or written, made by or for either party in connection with the negotiation of the terms hereof. No future modification, termination, or amendment of this Exchange Agreement may be made, except by written agreement executed by the parties hereto. No failure by the parties hereto to insist upon the strict performance of any covenant, duty, agreement, or condition of this Exchange Agreement or to exercise any right or remedy upon a breach thereof shall constitute a waiver of any such right or remedy or any other covenant, agreement, term, or condition. Any party hereto, by written notice, may, but shall be under no obligation to, waive any of its rights or any conditions to the obligations hereunder, or any duty, obligation, or covenant of any other party hereto. No waiver shall affect or alter this Exchange Agreement, but each and every covenant, agreement, term, and condition of this Exchange Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. 17. Time. Time shall be of the essence of this Exchange Agreement and the performance of all covenants, agreements, and obligations hereunder. 18. Notices. All elections, notices, and other communications to be given hereunder by either party to the other shall be in writing and sent by (i) facsimile transmission to the other party's attorney at the number set forth below with a follow-up via United States mail, (ii) personal delivery, (iii) overnight courier with evidence of receipt, or (iv) certified or registered mail, return receipts requested, postage prepaid, addressed: If to the City: With a copy to: If to H.B. Fuller: With a copy to: City of Elgin 150 Dexter Court Elgin, Illinois 60120 Attention: City Clerk City of Elgin 150 Dexter Court Elgin, Illinois 60120 Attention: Corporation Counsel H.B. Fuller Company 1200 Willow Lake Boulevard St. Paul, MN 55110-5101 Attention: David W. Foley, Director, Global Real Estate & Risk Faegre Drinker 2200 Wells Fargo Center 90 S. Seventh Street Minneapolis, MN 55402 Attention: Paul S. Moe, Partner -7- or at such other addresses or fax numbers as the parties may designate to the other by written notice in the manner herein provided. Any such notice or election shall be effective upon delivery, if personally delivered, one (1) day after delivery to the overnight courier or two (2) days after depositing same in the United States mails. 19. Severability. If any provision of this Exchange Agreement or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Exchange Agreement and the application of such provision to other persons or circumstances shall not be affected thereby and shall be enforced to the fullest extent permitted by law. 20. Non -Merger. The terms and provisions of this Exchange Agreement shall not merge with, be extinguished, or be otherwise affected by any subsequent conveyance or instrument by or between the parties hereto unless such instrument shall specifically so state and be signed by both parties. 21. Captions. Captions of paragraphs herein are inserted only for convenience and are in no way to be construed as a part of this Exchange Agreement or as a limitation of the scope of the particular paragraphs to which they refer. 22. Counterparts and Execution. This Exchange Agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. This Exchange Agreement may be executed electronically, and any signed copy of this Exchange Agreement transmitted by email or facsimile shall be treated in all manners and respects as an original document. The signature of any party on a copy of this Exchange Agreement executed electronically and/or 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 electronically executed, emailed, or faxed copy of this Exchange Agreement shall be considered to have the same binding legal effect as an original document. At the request of either party, any electronically executed, email or facsimile copy of this Exchange Agreement shall be re -executed by the parties in an original form. No party to this Exchange Agreement shall raise the use of electronic execution, email, or facsimile as a defense to this Exchange Agreement and shall forever waive such defense. 23. Disclosures. In compliance with 50 ILCS 105/3.1, H.B. Fuller hereby represents that it is a publicly traded corporation, and there is no readily known individual having greater than a 7.5% interest in such corporation. Further, prior to the execution of this Agreement H.B. Fuller has executed and delivered to the City a statement to that effect in the form of Exhibit D attached hereto. SIGNATURE PAGE FOLLOWS -8- IN WITNESS WHEREOF, the City and H.B. Fuller have executed this Exchange Agreement the day and year first above written, intending to be legally bound hereby and warranting authority to execute the same. CITY OF ELGIN, ILLINOIS H.B. FULLER COMPANY By: Name: Its: Mayor By: 2`/I) Name: Heidi A. Weiler Its: Vice President, Corporate Financial Strategy -9- Exhibit A LOT 4 OF TOLLGATE INDUSTRIAL PARK ACCORDING TO THE PLAT THEREOF DOCUMENT 2002K056010 AND CERTIFICATE OF CORRECTION DOCUMENT 2002K094534 AND PART OF STREET ADJOINING VACATED BY ORDINANCE DOCUMENT 2003K055294 DESCRIBED 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. Exhibit B 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, RECORDED ON RECORDED 2/10/2023 IN PLAT BOOK 2023K004222. Exhibit C [Tollgate Road Improvement Plans, prepared by Haeger Engineering and dated May 26, 2023, on following two pages.] 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 68 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 TOTHE EAST LINE 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, ILLINOIS. 0 o sPW ew, Roe oaws e.ee ronorn.r VI DHw Parcel 2A Proa t. `wl9ht j city, aseatea R19ht ..�'2..... ay LEGEND Parcel 1 - R.O.W. Dedication (Area = 1,953 sf) Parcel 2A - R.O.W. Vacation (Area = 402 sf) Parcel 2B - R.O.W. Vacafion (Area = 1,827 sf) City Easement (Area = 2,856 sf) OHW 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 86 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. Parcel 1 LOT 4 Parcel 2B TOLLGATE ROAD VACATION PARCEL NO. 2B: THAT PART OF TOLLGATE ROAD CONTIGUOUS TO TOLLGATE INDUSTRIA PARK PER DOCUMENT 2002K056010, ALL IN THE SOUTHEAST QUARTET OF SECTION 33, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRI 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 TOLLGATE INDUSTRIAL PARK; THENCE SOUTH 75 DEGREES 52 MINUTES 16 SECONDS WEST, 20.23 FEET; THENCE NORTH 75 DEGREES 01 MINUTES 09 SECONDS VEST, 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, 187.96 FEET TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, IN THE TOWNSHIP OF DUNDEE, KANE 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 LINE, 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 (0) NORTH 0 50 Scale: 1 ° = 50' W F F m < W N Q o > oC ~o O = W Zz 1- F W j. W 0 W < J.1 0 u, re 0 0et � F a N C9 W � V K 0 d Project Manager. KML Engineer: KML Date: 0546-2023 Project No. 20193 Sheet 1 /2 CITY EASEMENT (C.E.) PROVISIONS AN EXCLUSIVE AND PERMANENT EASEMENT (UNLESS SHOWN HEREON AS A NON- EXCLUSIVE RIGHT, I.E. IN COMMON WTH 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 WTH 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 WTH 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 WTH 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 WTH 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 WTH 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 WTH THE CITY'S INTENDED USE OF THE EASEMENT AREAS; HOWEVER NO ELECTRICAL TRANSFORMERS, SWTCHING 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 NORTH 0 50 Scale:1 ° = 50' Project Manager. Engineer: Date: Project No Sheet 2 KML KML 05-26-2023 20193 3 /2 �& 0 no C.. Flowl Exhibit D Disclosure of Ownership Affidavit. AFFIDAVIT Heidi A. Weiler I, (name), theVice President, Corporate Financial Stra(@gtile) of H.B. Fuller Company, a Minnesota corporation (the "corporation"), being first duly sworn upon oath states as follows: Affiant has personal knowledge of the facts stated herein. Affiant assumes no personal liability under this Affidavit, and makes this Affidavit only on behalf of the corporation, and not in an individual or other capacity. Per 50 ILCS105/3.1, the identities of all owners and beneficiaries having an interest in the real property commonly known as 1500 Scottsdale Court, Elgin, Illinois, to be conveyed are as follows (check applicable box(es) and complete information requested): ElIndividual. Individual owner of the property is: ElNonprofit Organization. Nonprofit organization owner of the property is . There is no individual or other organization receiving distributable income from the organization. Public Organization, including units of local government. Public organization owning the property is . There is no individual or other organization receiving distributable income from the organization. Publicly -Traded Corporation. Publicly -traded corporation owning the property is H.B. Fuller Company, a Minnesota corporation. There is no readily known shareholder entitled to receive more than 7-1/2% interest in the total distribution income of the corporation. ❑ Corporation, Partnership, Limited Liability Company. Corporation, partnership, limited liability company owning the property is . Those entitled to receive more than 7-1/2% of the total distributable income of said entity are as follows: *1. 2. 3. 4. Name Address ❑ Land Trust or Declaration of Trust. Land trust or declaration of trust owning the property is . The identity of each beneficiary of Grantor Trust is as *1. 2. 3. 4. follows: Name Address % of Interest *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. Dated this day of , 2023. By: Signature Print Name and Title if applicable State of ) ) SS County of ) This instrument was acknowledged before me on , 2023, by , the of H.B. Fuller Company, a Minnesota corporation, on behalf of the corporation. (SEAL) My Notary Public Commission Expires: NOTE: THIS AFFIDAVIT MAY BE EXECUTED AND ACKNOWLEDGED ON BEHALF OF THE RECORD OWNER(S) BY A MEMBER, AN OWNER, AUTHORIZED TRUSTEE, CORPORATE OFFICIAL, GENERAL PARTNER, OR MANAGING AGENT, OR HIS OR HER ATTORNEY.