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HomeMy WebLinkAbout24-171 Resolution No. 24-171 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT WITH ELGIN SCHOOL DISTRICT U-46 MANAGEMENT SERVICES AND FRED-ELGIN HC, LLC FOR SIDEWALK EASEMENT PURPOSES (2701 Hopps Road, Elgin, IL) 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 Easement Agreement with Elgin School District U-46 Management Services and FRED-Elgin HC, LLC, for a sidewalk easement on the property legally described on Exhibit A, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the easement agreement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/David J. Kaptain David J. Kaptain, Mayor Presented: July 10, 2024 Adopted: July 10, 2024 Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk EASEMENT AGREEMENT THIS EASEMENT AGREEMENT("Agreement") is dated as of July 10 , 202.iby and among Elgin School District U-46 Management Services, a ("Grantor"), FRED-Elgin HC, LLC, a Wisconsin limited liability company ("Grantee"), and the CITY OF ELGIN, a municipal corporation("City"). RECITALS Grantor, Grantee and the City acknowledge the following: A. Grantor owns that certain real property described on the attached Exhibit A- 1 (collectively,the"Grantor Parcel"). Grantor owns and operates an approximately 20,500 square foot detention basin on the Grantor Parcel as shown on Exhibit A-2 ("Detention Basin"). B. Grantee owns that certain real property described on the attached Exhibit B (the "Grantee Parcel"), upon which Grantee is developing a residential apartment complex and related improvements(the "Development"). C. In connection with the Development and Grantee obtaining related and necessary governmental approvals,the Grantee is being required to: (1)connect the Grantee Parcel to the Detention Basin via approximately 500 feet of stormwater pipe (the "Storm Water Pipe") that must run across Grantor's Parcel in the location described in Exhibit C-1 and depicted in Exhibit C-2 (the "Storm Water Easement Area"); and (2) extend the sidewalk that is located on the Grantee Parcel onto the Grantor Parcel in the location described in Exhibit D-1 and depicted in Exhibit D-2(the"Sidewalk Easement Area")(the Storm Water Easement Area and the Sidewalk Easement Area collectively, the"Easement Areas"). D. Pursuant and subject to the terms and conditions contained in this Agreement, Grantor desires to grant to Grantee, and Grantee desires to accept from Grantor, a permanent,non-exclusive access,construction,and storm water pipe easement over,under,on, in, and about the Storm Water Easement Area for the purpose of constructing,maintaining,repairing, replacing and locating the Storm Water Pipe in the Storm Water Easement Area and flowing storm water through the Storm Water Pipe(the"Storm Water Easement"). E. Pursuant and subject to the terms and conditions contained in this Agreement, Grantor desires to grant to Grantee, and Grantee desires to accept from Grantor, a temporary access and construction easement over, under,on,in,and about the Sidewalk Easement Area for the purpose of constructing concrete sidewalk ("Sidewalk") in the Sidewalk Easement Area(the "Temporary Sidewalk Easement"). F. Pursuant and subject to the terms and conditions contained in this Agreement, Grantor desires to grant to City, and City desires to accept from Grantor, a non- exclusive permanent access and maintenance easement over,under,on,in, and about the Sidewalk Easement Area for the purpose of accessing, using, maintaining, repairing, and replacing the Sidewalk in the Sidewalk Easement Area(the"Sidewalk Easement")(the Storm Water Easement, the Temporary Sidewalk Easement,and Sidewalk Easement,collectively, the"Easements"). AGREEMENT In consideration of the Recitals,the mutual agreements that follow and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor, Grantee and the City hereby agree as follows: 1. Grant of Easements. (a) Pursuant to and subject to the terms and conditions contained in this Agreement only, Grantor hereby grants to Grantee and Grantee hereby accepts from Grantor the Storm Water Easement over, under, on, in, and about the Storm Waster Easement Area for the benefit of the Grantee Parcel. (b) Pursuant to and subject to the terms and conditions contained in this Agreement only, Grantor hereby grants to Grantee and Grantee hereby accepts from Grantor the Temporary Sidewalk Easement over,under, on, in,and about the Sidewalk Easement Area for the benefit of the Grantee Parcel. The Sidewalk Easement shall automatically terminate upon the City's formal acceptance and approval of the Sidewalk as complete. (c) Pursuant to and subject to the terms and conditions contained in this Agreement only,Grantor hereby grants to City and City hereby accepts from Grantor the Sidewalk Easement over, under, on, in, and about the Sidewalk Easement Area for the benefit of City and the public. Notwithstanding anything to the contrary in this Agreement, the City's and public's easement rights set forth in this Section 1(c) shall be conditioned upon the completion of the Sidewalk by Grantee and the City's formal acceptance and approval of the Sidewalk as complete. 2. Use.Restrictions.and hide++ ''ficatioq. (a) Grantee shall have the right to non-exclusive use of the Easement Areas and Grantee may access the Grantor Parcel from time-to-time for the sole and limited purpose of exercising Grantee's rights under this Agreement, which access rights shall include, without limitation, vehicular (including, without limitation, construction vehicles and equipment) and pedestrian travel, ingress and egress to, from,over, and upon Grantor's Parcel. (b) City's and Grantee's exercise of rights under and pursuant to this Agreement shall not unreasonably interfere with Grantor's use of the Grantor Parcel. Grantor 2 hereby acknowledges, agrees, and accepts that customary or necessary (or both customary and necessary) construction practices and activity performed in connection with constructing, maintaining, replacing, repairing, locating and use of the Storm Water Pipe or the Sidewalk shall not be, nor be interpreted as, unreasonable interference with Grantor's Use, and shall be deemed to be the reasonable exercise of Grantee's and City's rights under this Agreement. (c) Grantee hereby agrees to indemnify, defend, and hold Grantor harmless from and against: (i)damage to the Grantor Parcel to the extent caused by Grantee's, its agents', employees', invitees', or contractors' exercise of their rights under this Agreement. (d) City hereby agrees to indemnify, defend, and hold Grantor harmless from and against: (i) damage to the Grantor Parcel to the extent caused by City's, its agents', employees', invitees', or contractors' in the exercise of their rights under this Agreement. (e) In addition, and notwithstanding anything to the contrary in this Agreement,Grantee shall be responsible,at its sole cost and expense,to promptly repair or replace any damage to the Easement Areas and/or the Grantor Parcel including but not limited to repair or replacement of any portion of the chain link fence that surrounds the existing detention basin and eastern property line that become damaged as part of Grantee's work, caused by Grantee, its agents,employees, invitees,or contractors in the exercise of its rights under this Agreement. (f) In addition, and notwithstanding anything to the contrary in this Agreement, City shall be responsible, at its sole cost and expense, to promptly repair or replace any damage to the Sidewalk Easement Area and/or the Grantor Parcel caused by City, its agents, employees, invitees, or contractors in the exercise of its rights under this Agreement. 3. Grantor's Non-Interference and Indemnification. (a) Notwithstanding Grantor's continued ownership of the Grantor Parcel, Grantor shall not use or improve the Easement Areas nor permit the same to be used or improved in any manner that unreasonably interferes with the use of the Easement Areas by Grantee or City in accordance with this Agreement. (b) Grantor hereby agrees to indemnify and hold Grantee and City harmless from and against any and all monetary damages incurred by Grantee or City to the extent caused by Grantor's breach of Grantor's obligations under this Agreement. 4. Construction and Maintenance. (a) Grantee shall have the right to perform construction, maintenance, repair, and replacement relating to the Easement Areas to the extent required for use of the Easement Areas in accordance with the terms of this Agreement; provided, however, the parties to this 3 Agreement hereby acknowledge and agree that the Sidewalk is intended to become a public sidewalk when completed and will be maintained by the City at such time. (b) Upon the completion of the Sidewalk by Grantee and the City's formal acceptance and approval of the Sidewalk as complete, City shall have the right to perform construction, maintenance, repair, and replacement relating to the Sidewalk Easement Area to the extent required for use of the Sidewalk Easement Area in accordance with the terms of this Agreement. 5. Compliance with Laws. This Agreement shall be subject to, and Grantor and Grantee shall use the Easement Areas in accordance with, all applicable laws. City shall use the Sidewalk Easement Area in compliance with all applicable laws. 6. Default. In the event that either party shall default in the performance of any of its obligations under the terms of this Agreement, the non-defaulting party shall forward written notice to the defaulting party outlining such default. The defaulting party shall cure such default within 30 days after the giving of such notice, except that the cure period shall be extended to a reasonable time to cure any default that cannot reasonably be cured within the 30-day period, provided the defaulting party has commenced to cure within the 30-day period and diligently pursues a cure at all times thereafter until the default is cured. If the defaulting party shall fail or refuse to cure such default within the applicable cure period,the non-defaulting party may attempt to cure the default and shall be reimbursed by the defaulting party for all reasonable, actual costs and expenses incurred in so doing, and the non-defaulting party can take any action allowed by law or equity to enforce its rights, including,without limitation,obtaining injunctive relief, which the parties recognize is an appropriate remedy since monetary damages may not be sufficient. However, in no case shall any party have the unilateral right to terminate, cancel or otherwise render null and void any portion of this Agreement. 7. Notices. All notices or other communications required or permitted under this Agreement shall be in writing and shall be considered as properly given if(i)deposited in the United States mail, registered or certified with return receipt requested, and addressed to the intended recipient; (ii) deposited with a courier service for delivery on the next business day and addressed to the intended recipient; or(iii)personally delivered to the intended recipient. Notice that is given by United States mail shall be effective upon deposit in the United States mail. Notice that is given by courier service for delivery on the next business day shall be effective upon deposit with the courier service. Addresses to be used for notices shall be as follows, unless another address is designated by either party by written notice as required herein to the other party. Grantor Parcel: Elgin School District U-46 Management Services 355 E. Chicago Street 4 Elgin, IL 60120 Attn: A n r►Iai ufl With a copy to: Attn: Grantee Parcel: FRED-Elgin HC, LLC c/o of Fiduciary Real Estate Development, Inc. Attention: Steven Bersell,COO 789 North Water Street, Suite 500 Milwaukee, WI 53202 Email: sbersell@fred-inc.com Quarles & Brady LLP Attention: Daniel A. Kaminsky 411 East Wisconsin Avenue, Suite 2400 Milwaukee, WI 53202 City of Elgin: 150 Dexter Court Elgin, IL 60120 Attn: City Manager With a copy to: City of Elgin 150 Dexter Court Elgin, IL 60120 Attn: Corporation Counsel 8. Severability. All provisions of this Agreement are deemed severable, and if any one or more provision is deemed unenforceable for any reason, the remaining provisions shall remain in full force and effect. 9. Related Parties. For purposes of this Agreement, and unless the context requires otherwise, "Grantor" and "Grantee", as used herein, shall refer to all of their tenants, invitees,designees, licensees,agents,contractors,heirs, successors and assigns. "City"shall refer to the City, its employees,agents,contractors, successors and assigns. 5 10. Recording;Binding Effect. This Agreement and the rights and obligations contained herein shall run with the land for the benefit of and be binding upon any and all successor owners of any portion of the Grantor Parcel and the Grantee Parcel including, without limitation, any future land divisions of any such parcel. This Agreement may be signed in multiple counterparts,each of which when executed and delivered shall constitute a duplicate original, but all counterparts together shall constitute a single agreement. Copies(electronic,photo,facsimile, and scan)of signatures to this Agreement shall be treated as original wet-ink signatures and given the same force and effect. This Agreement may be recorded against the Grantor Parcel by placing it of record with the Kane County, Illinois Recorder of Deeds. 11. Amendment. This Agreement may be amended only by a writing signed by all owners of all portions of the Grantor Parcel and the Grantee Parcel and the City of Elgin and duly recorded in the Kane County,Illinois Recorder of Deeds. 12. Illinois Law. This Agreement shall at all times be governed by and enforced in accordance with the laws of the State of Illinois. 13. Exhibits. The exhibits attached to this Agreement are hereby incorporated into this Agreement by this reference. 14. Condition. Notwithstanding anything to the contrary in this Agreement, Grantee's and the City's obligations under this Agreement are conditioned upon Grantee obtaining fee simple title to the Grantee Parcel. [Signatures on the following page(s)] Legal Dept\Agreement\Easement Agr-District U-46-Fred-Elgin HC-Offsite Sewer Connection-Redlined-I-30-24.docx 6 GRANTOR: Elgin Schoo Dis U- •1 r. _- :•t Services By: r Print name ►,' ;., < / S Its: 1•.1 . ,).. i _iA s '... o 011' Litilt State of Illinois ) )SS County of 11L. ) This instrument was acknowled ed before me on M g// Seaq by Dr.Anr. C•U)illoilEas of 5c11001 kaki'17IA-4(o © g 'r t ethti R kyiiroYU Notary Niblic, State of Illi nti My commission expires: 12./14/2017 • [Seal] Official Seal EMILY RUTH JOHNSON Now./w buo,State of Co Commission No.983523 [Signatures continue on following pages] � 4 My Comr-ission Expires December 14,2027 7 CITY OF GIN By: Gf ' Pri t name: Da ' J. K tain Its: Mayor Att • imberly Dewi , ity Clerk State of Illinois ) ) SS County of Kane ) This instrument was acknowledged before me on July 10, 2024, by David J. Kaptain as Mayor of the City of Elgin and Kimberly Dewis as City Clerk of the City of Elgin. Notary Public, State of Illinois My commission expires: (o-a 9 -as- . 4-. B e [Seal] "OFFICIAL SEAL" KATLIN S. BENNETT Notary Public,Stato of Illinois My Commission Expires June 29,2025 [Signatures continue on following pages] 8 GRANTEE: FRED-Elgin HC,LLC By: Aee--e" Its: Aut&. - J 1" State of Wisconsin ) SS �(1w�.4-11SCounty ) This instrument was acknowledged before me on SLAG )3, ol-y by S v� 84,w/ as an authorized representative of FRED- Elgin HC,LLC. Notary Public, State of kAtc? CCP 1'i My commission expires: 5 n C,iw► <fy! [Seal] 9 EXHIBIT A-I Description of the Grantor Parcel THAT PART OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF SECTION 32; THENCE NORTH 00 DEGREES 20 MINUTES 32 SECONDS EAST,ALONG THE EAST LINE OF SAID NORTHEAST QUARTER OF SECTION 32, A DISTANCE OF 29.60 FEET; THENCE SOUTH 88 DEGREES 46 MINUTES 54 SECONDS WEST, PARALLEL WITH THE SOUTH LINE OF SAID NORTHEAST QUARTER OF SECTION 32, A DISTANCE OF 625.92 FEET TO AN EXISTING IRON ROD ON THE NORTHEASTERLY LINE OF COMED PROPERTY PER DOCUMENT NO. 1347162 AS MONUMENTED; THENCE NORTH 56 DEGREES 58 MINUTES 13 SECONDS WEST, ALONG SAID NORTHEASTERLY LINE AS MONUMENTED, A DISTANCE OF 462.31 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 56 DEGREES 58 MINUTES 13 SECONDS WEST, ALONG SAID NORTHEASTERLY LINE AS MONUMENTED,A DISTANCE OF 797.48 FEET TO AN EXISTING IRON ROD AT AN ANGLE POINT IN SAID NORTHEASTERLY LINE AS MONUMENTED; THENCE NORTH 57 DEGREES 52 MINUTES 17 SECONDS WEST, ALONG SAID NORTHEASTERLY LINE,A DISTANCE OF 752.22 FEET TO AN ANGLE IN SAID NORTHEASTERLY LINE;THENCE NORTH 63 DEGREES 14 MINUTES 51 SECONDS WEST, ALONG SAID NORTHEASTERLY LINE AS MONUMENTED, A DISTANCE OF 16828 FEET TO THE CENTER LINE OF AN EAST AND WEST ROAD (HOPPS ROAD) AS TRAVELED; THENCE NORTH 89 DEGREES 07 MINUTES 36 SECONDS EAST, ALONG SAID CENTER LINE, A DISTANCE OF 1441.85 FEET;THENCE SOUTH 00 DEGREES 52 MINUTES 24 SECONDS EAST A DISTANCE OF 932.57 FEET TO THE POINT OF BEGINNING SITUATED IN ELGIN TOWNSHIP, KANE COUNTY, ILLINOIS AND CONTAINING 15.02 ACRES MORE OR LESS. QB\773 17323.2 10 EXHIBIT A-2 Detention Basin Depiction 11 m •• I -6 / • 2��/ /o A� ., � / O W c. 1)/ I� m cP t / 3 / DETENTION BASIN in c. AREA iiN:.\:; ` o/ I� • I NT OF j /7.�2` BEGNN1N'; NORT-TEAS"ER_v LINE OF) �j',3L i 4'4 7"W COMED PROPERTY PER DOCUMENT 1347162 O/ G 3.D0 O, • 7 N32'59'1-,14"E 14.00' N57'3C'5 ''rb' 515.74' ]1S , POINT OF COMMENC=MEN- SOUTHEAST CORNER OF TRACT DESCRIBED IN �T DOCUMENT 2001K00587: 1_1\1 s GRAPHIC SCALE ' 50 n zs 100 ( IN FEET ) v 1 inch = 50 ft. Z a. _ SEASONS AT ELGIN a n a rd =R ELGIN, I EA CONSULTING PaO1MG~- DRAWN�° �5 EXHIBIT A 2 /00 BM.N..r.nBer Ore.Lombard.IL 80149 Dn:d30.88e a 1. 500 ra:630. 8 tlg7 1 5 menn erU.cur• DATE 08/17/23 ,D CIv Engineers•Surveyors•Water Resource Engineers•Water SiWastewater Engineers Construction Mangers•Environmental Scientists•Landaoape Archlocts•Planners Ka& FRD.EUL01.00 12 EXHIBIT B Description of the Grantee Parcel PART OF THE NORTHEAST QUARTER OF SECTION 32 AND THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 41 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN KANE COUNTY,ILLINOIS,DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN AS DESCRIBED IN MONUMENT RECORD RECORDED AS DOCUMENT NUMBER 2014K025357; THENCE NORTH 00 DEGREES 19 MINUTES 47 SECONDS EAST, ALONG THE EAST LINE OF SAID NORTHEAST QUARTER,A DISTANCE OF 29.60 FEET TO THE EASTERLY EXTENSION OF THE NORTH LINE OF LAND DESCRIBED IN DEED RECORDED AS DOCUMENT NUMBER 324950; THENCE SOUTH 88 DEGREES 44 MINUTES 11 SECONDS WEST, ALONG SAID LINE, SAID ALSO LINE BEING PARALLEL TO SOUTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 48.15 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF RANDALL ROAD AS DESCRIBED IN DOCUMENT NUMBER 1157631 AND THE POINT OF BEGINNING THENCE SOUTH 88 DEGREES 44 MINUTES 11 SECONDS WEST, ALONG SAID PARALLEL LINE,A DISTANCE OF 577.78 FEET TO THE NORTHEAST LINE OF COMED PROPERTY AS DESCRIBED IN DEED RECORDED AS DOCUMENT NUMBER 1347162; THENCE NORTH 57 DEGREES 00 MINUTES 56 SECONDS WEST, ALONG SAID LINE, A DISTANCE OF 462.31 FEET TO THE EAST LINE OF LAND DESCRIBED IN DEED RECORDED AS DOCUMENT NUMBER 2001K005874;THENCE NORTH 00 DEGREES 55 MINUTES 07 SECONDS WEST, ALONG SAID LINE; A DISTANCE OF 932.57 FEET TO HOPPS ROAD CENTERLINE OF TRAVELED WAY; THENCE NORTH 89 DEGREES 04 MINUTES 53 SECONDS EAST, ALONG SAID LINE, A DISTANCE OF I613.11 FEET TO AFORESAID WEST RIGHT-OF-WAY LINE OF RANDALL ROAD; THENCE SOUTH 00 DEGREES 19 MINUTES 47 SECONDS WEST, ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 33.26 FEET TO BEND POINT IN SAID RIGHT-OF-WAY LINE; THENCE SOUTH 44 DEGREES 31 MINUTES 10 SECONDS WEST, CONTINUING ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 117.87 FEET TO A POINT OF CURVATURE IN SAID RIGHT-OF-WAY LINE; THENCE SOUTHWESTERLY ALONG RIGHT-OF-WAY LINE, ALONG A CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 2010.08 FEET, AN ARC DISTANCE OF 1230.94 FEET,A CHORD BEARING SOUTH 26 DEGREES 58 MINUTES 33 SECONDS WEST,AND A CHORD DISTANCE OF 1211.79 FEET TO THE POINT OF BEGINNING. CONTAINING 1,393,820 SQUARE FEET(31.998 ACRES) QB\77317323.2 13 EXHIBIT C-1 Storm Water Easement Area Legal Description THAT PART OF THE NORTHEAST QUARTER OF SECTION 32,TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF A TRACT OF PROPERTY DESCRIBED IN DEED RECORDED AS DOCUMENT NUMBER 2001K005874, SAID CORNER ALSO LYING ON THE NORTHEASTERLY LINE OF COMED PROPERTY PER DOCUMENT NUMBER 1347162 AS MONUMENTED; THENCE NORTH 00 DEGREES 55 MINUTES 07 SECONDS WEST, ALONG THE EAST LINE OF SAID TRACT,A DISTANCE OF 29.34 FEET TO THE POINT OF BEGINNING;THENCE NORTH 75 DEGREES 56 MINUTES 11 SECONDS WEST, A DISTANCE OF 31.92 FEET TO A POINT ON A LINE BEING 14.00 FEET NORTHEAST OF AND PARALLEL WITH SAID NORTHEASTERLY LINE OF COMED PROPERTY; THENCE NORTH 57 DEGREES 00 MINUTES 56 SECONDS WEST, ALONG SAID PARALLEL LINE, A DISTANCE OF 599.17 FEET; THENCE NORTH 32 DEGREES 59 MINUTES 04 SECONDS EAST, A DISTANCE OF 10.00 FEET TO A POINT ON A LINE BEING 24.00 FEET NORTHEAST OF AND PARALLEL WITH SAID NORTHEASTERLY LINE OF COMED PROPERTY; THENCE SOUTH 57 DEGREES 00 MINUTES 56 SECONDS EAST, ALONG SAID PARALLEL LINE, A DISTANCE OF 597.50 FEET; THENCE SOUTH 75 DEGREES 56 MINUTES 11 SECONDS EAST, A DISTANCE OF 27.58 FEET TO THE EAST LINE OF SAID TRACT; THENCE SOUTH 00 DEGREES 55 MINUTES 07 SECONDS EAST,A DISTANCE OF 10.35 FEET TO THE POINT OF BEGINNING;AND CONTAINING 0.144,ACRES MORE OR LESS. QB1773173231 14 EXHIBIT C-2 Storm Water Easement Area Depiction 15 7 3 24 1 3 - .0�. 1a �0 OQ "•9./� ROPOSED STORMM WA WA TER A EASEMENT AST UNE OF •, 'RACT DESCRIBED IN a poi DOCUMENT 2001 K005874 =t b' ` ` 1� S57'00'S6"E 597.SQ' L 1'` S75'56'1 1 "E NORTHEASTERLY LINE OF ` p°' 27.58' W COMED PROPERTY PER i o� DOCUMENT 1347162 / S00'55'07"E 10.35' "' N57'00'56"W 599.17' a/ •.. T OF °i BEGINN NG N00'55'07"W . a 29.34' 4 N 75'56'11"W 3".92' 0, H POINT OF COMMENCEMENT SOUTHEAST CORNER OF 3 TRACT DESCRIBED IN 1r DOCUMENT 2001K005874 f i N L 7 GRAPHIC SCALE 00 0 23 100 200 A P t O ( IN FEET ) I. inch = 50 ft. i _ SEASONS AT ELGIN a a a r ELGIN,ILLINOIS OFFSITE STORM WATER EASEMENT AREA CONSULTING MOW.roe•_ S" mime en EXHIBIT C-2 7t1°9vDrive. M 9 nr Drive.Lomre,IL 0.ae vn:eaoea e. t e00 A:e30.99e •1. 9ae mnn•rd.00w 08/17j27 Civil Engineers•Surveyors•Water Resource Engineers•Water&Ws. water Engineers DATE Construction Managers•Fnv�ronmental Scientist*•Landscape Architects•Planners km& FRD.EUL01.00 16 EXHIBIT D-1 Sidewalk Easement Area Legal Description THAT PART OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF A TRACT OF PROPERTY DESCRIBED IN DEED RECORDED AS DOCUMENT NUMBER 20011005874, SAID CORNER ALSO LYING ON THE CENTER LINE OF HOPPS ROAD AS TRAVELED; THENCE SOUTH 00 DEGREES 55 MINUTES 07 SECONDS EAST, ALONG THE EAST LINE OF SAID TRACT, A DISTANCE OF 50.00 FEET TO A POINT ON A LINE BEING 50.00 FEET SOUTH OF AND PARALLEL WITH SAID CENTER LINE OF HOPPS ROAD, SAID POINT ALSO BEING THE POINT OF BEGINNING;THENCE CONTINUING ON SAID EAST LINE SOUTH 00 DEGREES 55 MINUTES 07 SECONDS EAST, A DISTANCE OF 15.00 FEET TO A POINT ON A LINE BEING 65.00 FEET SOUTH OF AND PARALLEL WITH SAID CENTER LINE OF HOPPS ROAD; THENCE SOUTH 89 DEGREES 04 MINUTES 53 SECONDS WEST, ALONG SAID PARALLEL LINE, A DISTANCE OF 221.66 FEET; THENCE SOUTHWESTERLY, ALONG A CURVE,CONCAVE TO THE NORTHWEST,HAVING A RADIUS OF 95.00 FEET,AN ARC DISTANCE OF 114.18 FEET,A CHORD BEARING SOUTH 52 DEGREES 42 MINUTES 50 SECONDS WEST,AND A CHORD DISTANCE OF 107.43 FEET; THENCE NORTH 02 DEGREES 51 MINUTES 20 SECONDS WEST, A DISTANCE OF 15.00 FEET; THENCE NORTHEASTERLY, ALONG A CURVE, CONCAVE TO THE NORTHWEST,HAVING A RADIUS OF 80.00 FEET,AN ARC DISTANCE OF 106.60 FEET, A CHORD BEARING NORTH 48 DEGREES 58 MINUTES 16 SECONDS EAST, AND A CHORD DISTANCE OF 98.89 FEET TO A POINT ON A LINE BEING 50.00 FEET SOUTH OF AND PARALLEL WITH SAID CENTER LINE OF HOPPS ROAD; THENCE NORTH 89 DEGREES 04 MINUTES 53 SECONDS EAST, ALONG SAID PARALLEL LINE, A DISTANCE OF 233.04 FEET TO THE POINT OF BEGINNING;AND CONTAINING 0.116 ACRES,MORE OR LESS. QB177317323.2 17 EXHIBIT D-2 Sidewalk Easement Area Depiction 18 C lr• POINT OF COMMENCEMENT. NORTHEAST CORNER OF CENTER LINE OF hOPPS ROAD TRACT DESCRIBED IN a DOCUMENT 200IK005874 z AS TRAVELEO� — — W tc4 J • la - — - IN POT OF BEGINNING W 0 ___t_ N89'04'S3"E 233,04' o 0 �� ii- PRJPCSED-TEMPORARY SIDEWALK EASEMENT in s 0�/ �� S89'04'S3"W 221.66' o �N�hp // / lR oV Z'''`o• -0- t �; = ... :vao /4��4 -c. N Lci q 9 yZa' c 0 I- �,5 z I 0 Y :^ J N1 nl - N GRAPHIC SCALE / : Isr. 0 25 50 100 i .. ( IN FEET ) _ 1 inch = 50 ft. _ SEASONS AT ELGIN a n a r ELGIN, LINOIS OFFSITE SIDEWALK EASEMENT AREA CONSULTING CRA NIGH CJS SHEET o� CJSaY s EXHIBIT D 2 700 springer Oriv.Lo mUerd.IL 80148 Cr.630.89t.e50D Iz'.BD 0.681 i5e5 nx•,,•rd.r��.• ■ Civil Engineers•Surveyors•Water Resource Enpneers•Water S Waatewator Erg naa's °ATE -08/17/23 Construction Managers•Environmanta Scient4ste•Landscape Arcnitecca•Piunro FRD.ELILO1.00 19