Loading...
HomeMy WebLinkAbout24-191 Resolution No. 24-191 RESOLUTION AUTHORIZING EXECUTION OF A CONVEYANCE AGREEMENT WITH THE COLUMBINE HOMEOWNERS' ASSOCIATION REGARDING THE CONVEYANCE OF LOT 117 AND PORTIONS OF LOT 119 IN THE COLUMBINE SUBDIVISION TO THE CITY OF ELGIN 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 a Conveyance Agreement with the Columbine Homeowners' Association, for the conveyance of Lot 117 and portions of Lot 119 in the Columbine Subdivision to the City of Elgin, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: August 28, 2024 Adopted: August 28, 2024 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk CONVEYANCE AGREEMENT This Conveyance Agreement (this "Agreement") is entered into effective as of this 28th day of August , 2024, (the "Effective Date"), by and between the Columbine Homeowners Association, an Illinois not-for-profit corporation (the"Association") and the City of Elgin, an Illinois municipal corporation (the "City"). The Association and the City shall be referred to collectively as the"Parties". RECITALS A. The Association owns certain property consisting of Lot 117 and portions of Lot 119 in the Columbine Subdivision located in the City of Elgin,Kane County,Illinois,as more specifically described in Exhibit A attached hereto and incorporated herein by reference,together with all rights,privileges,and appurtenances belonging thereto(the "Property"). B. The Property is subject to the Declaration of Covenants, Easements and Restrictions for the Columbine Association dated October 19, 1995, and recorded on October 20, 1995, with the Kane County Recorder as document number 95K063056,and amendments thereto. C. The City previously agreed to maintain, and currently maintains,the Property pursuant to the Real Estate Agreement dated May 23,2007(attached as Exhibit B)for use as detention ponds and in compliance with applicable standards as described therein. D. While not maintaining the Property,the Association incurs ongoing costs associated ownership of the Property, such as liability insurance premiums. The Association desires to cease its ownership and eliminate the costs thereof. E. The Association has offered to convey the Property to the City,and the City is willing to accept the Property subject to the terms and conditions herein. AGREEMENT I. Incorporation of Recitals. The foregoing recitals are incorporated into this agreement in their entirety. 2. Conveyance. The Association agrees to convey the Property to the City and the City agrees to accept the Property from the Association on the terms and conditions set forth herein, via warranty deed subject only to: (a)general real estate taxes not due and payable as of the date of the Closing;(b)acts of the City and those parties acting through or for the City;(c)zoning laws, statutes and ordinances;(d)building lines and easements of record;and(e)rights of the lots and common area within the Association to continue to transmit stormwater to the Property. 1 3. Consideration. The Parties agree that the City shall pay no purchase price to the Association for the Property, it being agreed and understood that the consideration for the Property is (a) the undertakings of the City pursuant to this agreement and (b)the elimination of future costs which would be incurred by the Association in connection with future ownership of the Property. 4. Closing. a) The consummation of the transaction herein described (hereinafter referred to as the "Closing") shall occur within sixty (60) days after the Effective Date upon a date mutually agreeable to the Association and the City and shall occur at the Chicago Title Insurance and Trust Company office located in Geneva, Illinois (the "Title Company"). At the Closing, the parties shall deliver all documents required by this Agreement. b) The transaction herein contemplated shall be closed through an escrow with the Title Company, in accordance with the general provisions of the usual form of Deed and Money Escrow Agreement then in use by said company,with such special provisions inserted in the escrow agreement to permit an immediate("New York-Style")closing and as otherwise may be required to conform with this Agreement. Upon the creation of such an escrow,anything herein to the contrary notwithstanding,payment of the closing costs and delivery of the Deed shall be made through the escrow and the cost of said escrow shall be paid by the Association. c) At the Closing,the Association shall deliver to the City the following documents and tender the following performance: i) A Warranty Deed ("Deed"), conveying title to the Property, in the condition required herein,to the City; ii) An Illinois Transfer Declaration; iii) Any transfer declaration or other documentation required to comply with any local real estate transfer ordinance as to the conveyance of the Property; iv) An ALTA statement in the form customarily required by the Title Company; v) A so-called GAP Undertaking in the form customarily required by the Title Company in order to conduct the Closing as a so-called "New York Style"closing,together with such affidavits as are customarily required by the Title Company in connection with issuance of an Owner's Title Insurance Policy including a mechanics' lien and judgment affidavit; vi) Payment to the Title Insurer for all escrow closing and recording services, and for the City's policy of owner's title insurance; vii)Payment for the cost of the survey, unless the Association provides proof of payment prior to closing; 2 viii) Documents reasonably necessary and acceptable to the title insurer to effectuate the release of the Property from the Declaration of Covenants, Easements and Restrictions for the Columbine Association dated October 19, 1995, and recorded on October 20, 1995, with the Kane County Recorder as document number 95K063056, and all amendments thereto; and ix) Such other documents and performance as may be expressly required of the Association hereunder and reasonably inferred herefrom in order to cause the Association to comply with its obligations hereunder. d) At the Closing,the City shall procure or deliver to the Association the ii,l lo\v ing documents and tender the following performance: i) An ALTA Statement in the form customarily required by the Title Company; ii) Such affidavits as are customarily required by the Title Insurer in connection with issuance of the Owner's Title Policy;and iii) Such other documents and performance as may be expressly required of the City hereunder and reasonably inferred herefrom in order to cause the City to comply with its obligations hereunder. 5. Survey. Not less than forty-five (45) days after the Effective Date, the Association shall procure and tender to the City a Plat of Survey that conforms to the current Illinois Minimum Standard of Practice for boundary surveys, is dated not more than six (6) months prior to the date of Closing, and is prepared by a professional land surveyor licensed to practice land surveying under the laws of the state of Illinois. The Plat of Survey shall show visible evidence of improvements,right of way,easements, use and measurements of all parcel lines. The Plat of Survey shall include the following statement placed near the professional land surveyor's seal and signature: "This professional service conforms to the currently Illinois Minimum Standards for a boundary survey." 6. Entrv, Inspections. The Association grants to the City and its officers,directors, employees, shareholders, members, partners, consultants, contractors and agents (the "City Parties") a license to enter the Property, for a period of forty-five (45) days from the Effective Date or until the termination of this Agreement, whichever is sooner, for the limited purpose of inspecting the Property in accordance with the provisions of this section.Any entry,inspection and related activities by the City and the City Parties are at their own respective risk. The City will give the Association reasonable advance notice prior to entry to the Property, and the Association may have its representative present during any entry. The City will restore any damage to the Property caused by entry, activities and inspections by the City or the City Parties. Further, the City will indemnify, defend and hold the Association and its successors and assigns harmless against any mechanics' liens arising out of those entry, investigations, examinations, inspections and tests. If the City determines in its sole and absolute discretion 3 that the Property is not suitable for the City's use or ownership, the City may elect to proceed with this Agreement or to terminate this Agreement without liability or further obligation to the Association. If the City fails to conduct said inspection(s)and notify the Association of its termination of this Agreement within the 45-day time period specified herein, the City's right to terminate this Agreement under this Paragraph 6 shall expire and this Agreement shall remain in full force and effect. The City's obligations under this section survive Closing, termination of this Agreement, and signing and delivery of the Deed (defined below). 7. Title Insurance. At the Association's expense, the Association will deliver or cause to be delivered to the City within customary time limitations and sufficiently in advance of Closing, as evidence of title in the Association, a title commitment for an ALTA title insurance policy in the amount of $10,000 with extended coverage by the Title Company, issued on or subsequent to Date of Acceptance, subject only to items listed in Section 2 above and shall cause a title policy to be issued with an effective date as of Closing. If the title commitment discloses any unpermitted exceptions or if the Plat of Survey shows any encroachments or other survey matters that are not acceptable to the City, then the Association shall have said exceptions, survey matters or encroachments removed, or have the title insurer commit to either insure against loss or damage that may result from such exceptions or survey matters or insure against any court-ordered removal of the encroachments. If the Association fails to have such exceptions waived or insured over prior to Closing, the City may elect to take title as it then is or to terminate this Agreement. 8. City's Acknowledgments. The City acknowledges that the City is accepting the Property solely in reliance on the City's own investigation, and the Property is in "as is, where is" condition with all faults and defects, latent or otherwise. The City expressly acknowledges that, in consideration of the Agreement of the Association herein, and except as otherwise specified herein,the Association makes and has made no representations of warranties,express or implied, or arising by operation of law, including, but no limited to, any warranty as to condition, merchantability or fitness for a particular use or purpose, with respect to the Property, any other property, or any matter related thereto. 9. Representations. a) As used in this Section and elsewhere in this Agreement, the phrases "knowledge of the Association","best of the Association's knowledge",and phrases of similar import each shall mean, and each is limited to, the current, actual knowledge, without independent investigation,of the Association's officers and representatives. b) The Association hereby warrants and represents to the City (with such representations and warranties to be re-made as of Closing)as follows: i) The Association has received no written notice of, and to the knowledge of the Association there are no: special assessments, condemnation, environmental, zoning or 4 other land use regulation proceedings either pending or planned to he instituted with respect to the Property or any part thereof. ii) This Agreement has been, and alI the documents to be delivered by the Association to the City at Closing are or shall be, duly authorized, executed, and delivered by the Association,shall be sufficient to convey insurable title and are legal,valid,and binding obligations of the Association,are enforceable in accordance with their respective terms. The Association has the power and authority to consummate the transactions contemplated by this Agreement. iii) Except as otherwise disclosed in any documents provided by the Association to the City, there are no agreements or contracts affecting the Property(including,without lim itation, any management,leasing, service or maintenance agreements)which are not terminable at will by the City without further liability upon not more than 30 days' prior written notice. iv) The execution and delivery of this Agreement, and consummation of the transaction described in this Agreement, does not and shall not constitute a default under any contract, lease, or agreement to which the Association is a party or by which The Association is bound. v) Except as otherwise disclosed in any documents provided by the Association to the City, there is no action, suit or proceeding pending or, to the Association's knowledge, threatened against or affecting the Property or any portion thereof,or relating to or arising out of the ownership,management or operation of the Property, in any court or before or by any federal, state, or municipal department, commission, board, bureau or agency or other governmental instrumentality. The Association has received no notice asserting the existence on the Property of, and has not done anything to create on the Property, a Recognized Environmental Condition (as defined in Section 1.1.1 of the ASTM El 527 - 05 Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process). c) All representations contained in this Section 11 shall be deemed remade as of the date of Closing and shall survive the Closing for a period of one hundred eighty(180)days. 10. General Provisions. a) Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties except that the City may not transfer, assign or encumber the City's rights under this Agreement without the Association's prior written approval. b) Entire Agreement. This Agreement contains the entire agreement between the parties concerning the donation of the Property and supersedes all prior written or oral agreements between the parties. No addition to or modification of any term or provision shall be effective unless in writing and signed by both the Association and the City. 5 c) Time of the Essence. The Association and the City hereby acknowledge and agree that time is strictly of the essence with respect to each term and condition of this Agreement and that the failure to timely perform any of the terms and conditions by either party shall constitute a breach and default under this Agreement by the party failing to so perform. d) Partial Invalidity. If any portion of this Agreement shall be declared by any court of competent jurisdiction to be invalid, illegal or unenforceable, that portion shall be deemed severed from this Agreement and the remaining parts shall remain in full force as fully as though the invalid, illegal or unenforceable portion had never been part of this Agreement. e) Governing Law. The parties intend and agree that this Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. f) No Third Party Benefits. No person other than the Association and the City, and their permitted successors and assigns, shall have any right of action under this Agreement, except as expressly provided herein. g) Waivers. No waiver by either party of any provision shall be deemed a waiver of any other provision or of any subsequent breach by either party of the same of any other provision. h) Captions. The captions and section numbers of this Agreement are for convenience and in no way define or limit the scope or intent of the sections of this Agreement. i) Counterparts. This Agreement may be executed in multiple counterparts, all of which, together, shall constitute one and the same agreement. Further, photocopies. facsimile transmissions and other reproductions of this Agreement and / or the signatures hereon shall be the equivalent of originals. j) No Presumption. This Agreement is and shall be deemed and construed to be the joint and collective work product of the City and the Association and,as such,this Agreement shall not be construed against either party, as the otherwise purported drafter of same, by any court of competent jurisdiction in order to resolve any inconsistency,ambiguity,vagueness or conflict, if any, in the terms or provisions contained herein. k) Notices. All notices herein required shall be in writing and shall be served on the parties at the following addresses: If to The Association: Rick Roth 765 Red Barn Lane Elgin, IL 60123 Email: rickdroth@aol.com With a copy to: Jonathan S. Pope, Esq. Bazos, Freeman, Schuster& Pope, LLC 6 1250 Larkin Avenue, Suite 100 Elgin, IL 60123 Email:JPope@BazosFreeman.com If to the City: City of Elgin 150 Dexter Court Elgin, Illinois 60120 Attn: Richard G. Kozal,City Manager Email: citymanager@u,cityofelgin.org With a copy to: City of Elgin 150 Dexter Court Elgin,Illinois 60120 Attn: Christopher J. Beck,Corporation Counsel Email:beck c@a,cityofelgin.org Any such notices may be sent by (a) certified mail, return receipt requested, in which case notice shall be deemed delivered three (3) business days after the date of deposit, postage prepaid in the U.S.mail or(b)a nationally recognized overnight courier,in which case notice shall be deemed delivered one(1)business day after the date of deposit with such courier or (c)by personal delivery, in which case notice shall be when received or(d) by email to the parties at the email addresses set forth above. The above addresses may be changed by notice to the other party;provided that no notice of a change of address shall be effective until actual receipt of such notice. Notice on behalf of any party may be given by such party or its counsel to the other party and/or its counsel. [Signatures on the next page] 7 EXECUTED to be effective as of the Effective Date. THE CITY: THE CITY OF LGIN I Signature: / /L /L.s�.�:�.� Oe-f/4' Print Name: David Kaerain Title: Mayor Attest: 4Z)/44eS0 Kimberly Dewi , ity Clerk THE ASSOCIATION: COLUMBINE HOMEOWNERS' SSOCIATION Signature:w+swes AMR:202„2232 CDT Print Name: Rick Roth Title: President Legal Dept\Agreement\Conveyance Agr-Columbine HOA-Clean-7-8-24 docx 8 EXHIBIT A Description of the Property LOTS 117 AND 119 IN COLUMBINE SUBDIVISION BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SECTION 28,TOWNSHIP 41 NORTH,RANGE 8 EAST OF THE THIRD•PRINCIPAL MERIDIAN, IN THE CITY OF ELGIN, KANE COUNTY,ILLINOIS,EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PROPERTY,THOSE PORTIONS PREVIOUSLY CONVEYED AND DEDICATED TO THE CITY OF ELGIN,DESCRIBED AS FOLLOWS: THAT PART OF LOT 119, COLUMBINE SUBDIVISION, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SECTION 28,TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS AS RECORDED OCTOBER 20, 1995 AS DOCUMENT NO. 95K063055,DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 119; THENCE NORTH 88 DEGREES 49 MINUTES 04 SECONDS EAST 230.28 FEET ALONG THE SOUTH LINE OF SAID LOT 119 AND THE NORTH RIGHT-OF-WAY LINE OF BOWES ROAD/COUNTY HIGHWAY 17 TO THE SOUTHEAST CORNER OF SAID LOT 119; THENCE NORTH 00 DEGREES 55 MINUTES 14 SECONDS WEST 1.00 FOOT ALONG THE EAST LINE OF SAID LOT 119 AND THE WESTERLY RIGHT-OF-WAY LINE OF COLUMBINE DRIVE FOR A PLACE OF BEGINNING;THENCE 183.94 FEET ALONG THE ARC OF A 65.00 FOOT RADIUS NON-TANGENTIAL CIRCULAR CURVE TO THE RIGHT AND CONCAVE TO THE EAST, WITH A CENTRAL ANGLE OF 162 DEGREES 06 MINUTES 09 SECONDS,HAVING A CHORD WHICH BEARS NORTH 03 DEGREES 44 MINUTES 22 SECONDS EAST 126.42 FEET TO AFORESAID WESTERLY RIGHT-OF-WAY LINE OF SAID COLUMBINE DRIVE;THENCE SOUTH 06 DEGREES 36 MINUTES 14 SECONDS WEST 63.06 FEET ALONG THE EAST LINE OF SAID LOT 119 AND THE WESTERLY RIGHT-OF-WAY OF SAID COLUMBINE DRIVE;THENCE SOUTH 00 DEGREES 55 MINUTES 14 SECONDS EAST 65.81 FEET ALONG THE EAST LINE OF SAID LOT 119 AND THE WESTERLY RIGHT-OF-WAY LINE OF SAID COLUMBINE DRIVE TO THE PLACE OF BEGINNING, CONTAINING 0.11 ACRES OF LAND, MORE OR LESS. THAT PART OF LOT 119, COLUMBINE SUBDIVISION, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SECTION 28,TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS,AS RECORDED OCTOBER 20, 1995 AS DOCUMENT NO. 95K063055,DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 119;THENCE NORTH 88 DEGREES 49 MINUTES 04 SECONDS EAST 3.69 FEET ALONG THE SOUTH LINE OF SAID LOT 119 AND THE NORTH RIGHT-OF-WAY LINE OF BOWES ROAD/COUNTY HIGHWAY 17 FOR A PLACE OF BEGINNING; THENCE NORTH 43 DEGREES 39 9 MINUTES 29 SECONDS EAST 14.14 FEET; THENCE NORTH 01 DEGREES 10 MINUTES 06 SECONDS WEST 52.72 FEET;THENCE 63.39 FEET ALONG THE ARC OF A 59.00 FOOT RADIUS CIRCULAR CURVE TO THE RIGHT AND CONCAVE TO THE SOUTHEAST, WITH A CENTRAL ANGLE OF 61 DEGREES 33 MINUTES 20 SECONDS, HAVING A CHORD WHICH BEARS NORTH 29 DEGREES 26 MINUTES 33 SECONDS EAST 60.38 FEET; THENCE NORTH 60 DEGREES 23 MINUTES 12 SECONDS EAST 106.71 FEET;THENCE NORTH 00 DEGREES 36 MINUTES 20 SECONDS WEST 31.99 FEET TO THE SOUTHERN RIGHT-OF-WAY LINE OF RED BARN LANE; THENCE 14.66 FEET ALONG THE ARC OF A 230.00 FOOT RADIUS NON-TANGENTIAL CIRCULAR CURVE TO THE LEFT AND CONCAVE TO THE NORTH,WITH A CENTRAL ANGLE OF 03 DEGREES 38 MINUTES 06 SECONDS,HAVING A CHORD WHICH BEARS SOUTH 89 DEGREES 05 MINUTES 41 SECONDS EAST 14.66 FEET ALONG THE NORTH LINE OF SAID LOT 119 AND THE SOUTH RIGHT-OF-WAY LINE OF SAID RED BARN LANE; THENCE NORTH 89 DEGREES 04 MINUTES 46 SECONDS EAST 96.00 FEET ALONG THE NORTH LINE OF SAID LOT 119 AND THE SOUTH RIGHT-OF-WAY OF SAID RED BARN LANE TO THE NORTHEAST CORNER OF SAID LOT 119;THENCE SOUTH 00 DEGREES 55 MINUTES 14 SECONDS EAST 11.44 FEET ALONG THE EAST LINE OF SAID LOT 119 AND THE WESTERLY RIGHT-OF-WAY LINE OF COLUMBINE DRIVE; THENCE SOUTH 06 DEGREES 36 MINUTES 14 SECONDS WEST 30.90 FEET ALONG THE EAST LINE OF SAID LOT 119 AND THE WESTERLY RIGHT-OF-WAY LINE OF SAID COLUMBINE DRIVE;THENCE SOUTH 60 DEGREES 21 MINUTES 01 SECONDS WEST 195.85 FEET; THENCE SOUTH 01 DEGREES 10 MINUTES 06 SECONDS EAST 52.11 FEET; THENCE SOUTH 46 DEGREES 10 MINUTES 31 SECONDS EAST 14.14 FEET TO THE SOUTHERN LINE OF SAID LOT 119; THENCE SOUTH 85 DEGREES 49 MINUTES 04 SECONDS WEST 80.00 FEET ALONG THE SOUTH LINE OF SAID LOT 119 AND THE NORTH RIGHT-OF-WAY LINE OF SAID BOWES ROAD/COUNTY HIGHWAY 17 TO THE PLACE OF BEGINNING, CONTAINING 0.43 ACRES OF LAND, MORE OR LESS. Lot 117 Parcel Number: 06-28-102-001 Lot 119 Parcel Number: 06-28-152-033 10 EXHIBIT B Real Estate Agreement dated May 23,2007 between Columbine Association and the City of Elgin regarding, in part, Maintenance of"Detention Pond"Lots 117 and 119 11 Resolution No. 07-125 RESOLUTION AUTHORIZING EXECUTION OF A REAL ESTATE AGREEMENT WITH THE COLUMBINE HOMEOWNERS ASSOCIATION (Columbine Drive-Bowes Road Redesign Project) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Ed Schock, Mayor, and Jennifer Quinton, Acting City Clerk, be and are hereby authorized and directed to execute a Real Estate Agreement on behalf of the City of Elgin with the Columbine Homeowners Association for the Columbine Drive-Bowes Road Redesign Project,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock,Mayor Presented: May 23,2007 Adopted: May 23,2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Jennifer Quinton Jennifer Quinton, Acting City Clerk REAL ESTATE AGREEMENT This Real Estate Agreement is made and entered into as of this 23rd day of May, 2007, by and between the City of Elgin, Illinois, an Illinois municipal corporation (hereinafter referred to as the "City") and the Columbine Homeowners Association, an Illinois not-for-profit corporation,-organized and existing under the laws of the State ofIllinois(hereinafter referred to as the "Association"). W ITNESSETH WHEREAS, the Association is an association of homeowners of the Columbine Subdivision located generally north of Bowes Road and west of Randall Road in Elgin, Kane County, Illinois, such Columbine Subdivision being legally described in Exhibit A attached hereto (such Columbine Subdivision is hereinafter referred to as the "Columbine Subdivision"); and WHEREAS, the Association and the City have agreed that the current intersection of Columbine Drive and Bowes Road should be redesigned by providing in part for a cul-de-sac of Columbine Drive north of Bowes Road and the extension of Shasta Daisy Drive, all as set forth in the drawing of such redesign entitled "Option 3" attached hereto and made a part hereof as Exhibit B (such redesign of the Columbine Drive and Bowes Road intersection as set forth in Exhibit B attached hereto is hereinafter referred to as the "Subject Columbine Drive-Bowes Road Redesign"); and WHEREAS, the Association has agreed to convey and dedicate to the City the property necessary for the Subject Columbine Drive-Bowes Road Redesign; and WHEREAS, the Association and the City desire to provide for the Subject Columbine Drive-Bowes Road Redesign pursuant to the terms,and provisions of this agreement. NOW, THEREFORE, for and in consideration of mutual undertakings as set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Incorporation of Recitals. The foregoing recitals are incorporated into this agreement in their entirety. 2. Agreement To Convey. The Association agrees that upon the terms set forth herein to convey to the City title to those portions of the property known as Lot 119 in the Columbine Subdivision, being depicted and legally described in Exhibit C attached hereto, (such portions of Lot 119 to be conveyed by the Association to the City are hereinafter collectively referred to as the "Real Estate"), by a recordable warranty deed with a release of homestead rights, and by a plat of dedication, subject only to: general real estate taxes for the year 2006 and subsequent years. The parties agree that the City shall pay no purchase price to the Association for the Real Estate it being agreed and understood that the consideration for the Real Estate is the other undertakings of the City pursuant to this agreement. 3. Survey. Prior to the Closing, the City shall obtain any survey of the Real Estate it requires. 4. Coming. The time of Closing("C4osing"or"Closing Date")ill-be on or-before June 29, 2007, or such other date as may hereafter be agreed to by the parties, or on the date, if any, to which such time is extended by reason of Section 7 hereafter becoming operative. Unless subsequently mutually agreed otherwise, Closing shall take place at the office of Chicago Title Insurance Company, provided title is shown to be good or is accepted by the City. 5. Commissions. The Association and the City each warrant to the other that they have dealt with no real estate broker in connection with this transaction. Each party agrees to indemnify, hold harmless and defend the other party from any loss, costs, damages or expense (including reasonable attorney's fees) arising out of a breach of the warranty contained in this Section 6. 6. Title. The City shall obtain not less than ten (10) days prior to the Closing, at City's expense, a title commitment for a 1970 ALTA owner's title insurance policy issued by Chicago Title Insurance Company (the "Title Company") in the minimum amount of insurance and including extended coverage over the so-called "general exceptions" to the Policy, covering title to the Real Estate on or after the date hereof, showing title in the intended grantor subject only to (a) the title exceptions set forth in Section 2 above, (b) title exceptions pertaining to liens or encumbrances of a definite or ascertainable amount which may be removed by the payment of money at the time of Closing and which the Association shall so remove at that time by using the funds to be paid upon the delivery of the deed, (c) acts of the City and all parties acting through or for the City and (d) zoning laws, statutes and ordinances. At Closing, the Association also shall furnish the City an affidavit of title in customary form covering the date of Closing and showing title in the Association subject only to the Permitted Exceptions. 7. Title Clearance. If the title commitment or plat of survey discloses either unpermitted exceptions or survey matters that render the title not in conformance with the provisions of this agreement (herein referred to as "survey defects"), the Association shall have thirty (30) days from the date of delivery thereof to have the exceptions removed from the commitment or to correct such survey defects or, if the City so approves in writing, to have the Title Company commit to insure against loss or damage that may be occasioned by such exceptions or survey defects, and, in such event, the time of Closing shall be twenty (20) days after the delivery of the commitment or the time expressly specified in Section 4 hereof, whichever is later. If the Association fails to have the exceptions removed or correct any survey defects, or in the alternative, to obtain the commitment for title insurance specified above as to such exceptions or survey defects (if the City so approves in writing) within the specified time, the City may terminate this Contract or may elect, upon notice to the Association within ten (10) days after the expiration of the 30-day period, to take title as it then is. If the City does not so elect, this Contract shall become null and void without further actions of the parties. 2 8. Prorations. General taxes shall be adjusted ratably as of the time of Closing. If the amount of the current general taxes is not then ascertainable, the adjustment thereof, except for that amount which may accrue by reason of new improvements, shall be on the basis of 105% of the amount of the most recent ascertainable taxes, subject to reproration when the amount thereof becomes ascertainable. The Association shall pay the amount of any stamp tax imposed by state or county law or local ordinance on the transfer of title, if any, and furnish a completed Real Estate Transfer-Declaration signed by the-Association-or the Association agent in-the-form required pursuant to the Real Estate Transfer Tax Act of the State of Illinois, and shall furnish any declaration signed by Association or Association's agent or meet other requirements as established by any county or local ordinance with regard to a transfer or transaction tax. 9. Association Warranties: The Association represents and warrants to City as follows: (a) The Association is not a "foreign person" within the meaning of Section 1445 of the Internal Revenue Code. At closing, the Association shall deliver to the City a certificate of non-foreign status. (b) There are no existing leases affecting the Real Estate. (c) There are no existing contracts or options to purchase the Real Estate. (d) There exists no management agreement, exclusive brokerage agreement or service agreement of any kind relative to the Real Estate that will continue in force beyond the closing date. (e) As of the Closing Date, the Real Estate will be vacant and unoccupied. (f) To the best of the Association's knowledge, there are no underground storage tanks on the Real Estate. (g) To the best of Association's knowledge, neither the improvements on the Real Estate nor the Real Estate contain any friable asbestos and no polychlorinated biphenyls (PCBs) are located in, on or under the Real Estate (including, without limitation, in, on or under any equipment located thereon). (h) To the best of the Association's knowledge, no hazardous materials or substances have been located on the Real Estate or have been released into the environment, or discharged, placed or disposed of, at or under the Real Estate. (i) To the best of the Association's knowledge, the Real Estate has never been used as a dump for waste material. (j) To the best of The Association's knowledge, the Real Estate and its prior uses comply with and at all times have complied with any applicable governmental 3 law, regulation or requirement relating to environmental and occupational health and safety matters and hazardous materials or substances. 10. Condition of the Real Estate at Closing. The Association agrees and shall deliver to the City at Closing possession of the Real Estate including but not limited to all improvements thereon and appurtenances thereto in the same condition as it is at the date of this contract, -ordinary wear and rear-excepted--The-Association-at-its-cost-shall for to dosing remove the Real Estate hereof all debris and the Association's personal property not conveyed by Bill of Sale to the City and shall deliver the Real Estate to the Purchase in broom clean condition. 11. Survival. All representations, warranties, indemnities and covenants made by the Association to the City under this Contract shall be deemed remade as of the Closing and shall survive the Closing, and the remedies for the breach thereof shall survive the Closing and shall not be merged into the closing documents. 12. Closing Documents. In addition to the deed, plat of dedication, affidavit of title, transfer declarations and other documents described in this Contract, the Association shall deliver or cause to be delivered to the City at Closing the following: (a) an ALTA statement signed by the Association; (b) waivers of or insurance over broker's lien claims by all real estate brokers involved in the transaction contemplated by this Contract; (c) a title policy or marked-up commitment in the amount of the purchase price, dated on the Closing Date, insuring title in the City or the City's nominee, in the condition required under Section 6; (d) a Plat Act Affidavit, if applicable; (e) a statement from the Association stating that any right of first refusal with respect to the Real Estate has been waived or that no right of first refusal exists with respect to the Real Estate; (f) a statement from the Association that states any Association assessments pursuant to the Illinois Condominium Act have been paid for the Real Estate through the Closing Date and that as of the Closing Date the Real Estate has been released from the assessment of any future condominium assessments; (g) a release in recordable form providing a release of any drainage and detention easement affecting the Real Estate; and (h) the original executed Easement Agreement in recordable form referred to in Section 26(b)hereof and attached hereto as Exhibit D. 4 13. Default. The Association and the City agree that, in the event of a default by either party the other party shall, prior to taking any such action as may be available to it, provide written notice to the defaulting party stating that they are giving the defaulted party thirty (30) days within which to cure such default. If the default shall not be cured within the thirty (30) days prior aforesaid, the party giving such notice shall be permitted to avail itself of remedies to which it may be entitled under this agreement. 14. Remedies. In the event that either party fails or refuses to carry out its obligations under this agreement the other party shall be free to pursue any available legal remedies at law or in equity. 15. Escrow. This sale shall be closed through an escrow (the"Escrow") with Chicago Title and Trust Company ("Escrowee"), in accordance with the provisions of the Deed and Money Escrow Agreement then in use by Escrowee, with such special provisions inserted in the escrow agreement as may be required to conform with this Contract. Upon the creation of such Escrow, payment of the purchase price and delivery of deed shall be made through the Escrow and the earnest money shall he deposited in the Escrow. The cost of the Escrow and any so- called "New York Style" closing fee shall be divided equally between the Association and the City. The City and the Association shall make all deposits into the escrow in a timely manner to permit the Escrowee to disburse the Escrow on the Closing Date. 16. Time. Time is of the essence of this Contract. 17. Manner of Payment. Any payments herein required to be made at the time of Closing shall be by certified check, cashier's check, City of Elgin check or wire transfer. 18. Notices. All notices herein required shall be in writing and shall be served on the parties at the addresses following their signatures. The mailing of a notice by registered or certified mail, return receipt requested, or personal delivery by courier service shall be sufficient service. Notices may also be served on the attorneys for the parties by use of a facsimile machine with proof of transmission and a copy of the notice with proof of transmission being sent by regular mail on the date of transmission. 19. Interpretation. This contract shall be construed, and the rights and obligations of the Association and the City hereunder, shall be determined in accordance with the laws of the State of Illinois without reference to its conflict of laws rules. 20. Failure to Enforce Provisions. 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. 21. Amendments. This agreement may be modified or amended only in writing signed by the parties hereto, or their permitted successor or assigns, as the case may be. 5 22. Entire Agreement. This agreement contains the entire agreement and understanding of the parties herein, all prior agreements and undertakings having been merged herein and extinguished hereby. 23. Joint and Collective Work Product. This agreement is and shall be deemed and construed to be a joint and collective work product of the the City and the Association, 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 in order to resolve any inconsistency, ambiguity, vagueness or conflict, if any, and the terms or provisions contained herein. 24. Assignment. This agreement shall be binding on the parties hereto and their respective successors and permitted assigns. This agreement and the obligations hereunder may not be assigned without the express written consent of each of the parties hereto. 25. Uniform Vendor and Purchase Risk Act. The parties agree that the provisions of the Uniform Vendor and Purchase Risk Act of the State of Illinois (765 ILCS 65/1 et seq.) shall be applicable to this contract. 26. Miscellaneous. The parties further agree that as additional consideration for the conveyance of the Real Estate from the Association to the City as follows: (a) The City agrees that following the conveyance of the Real Estate from the Association to the City to provide for the Subject Columbine Drive-Bowes Road Redesign in general conformance with Exhibit B attached hereto and pursuant to final engineering plans as approved by the City Engineer. The costs of the Subject Columbine Drive-Bowes Road Redesign shall be the responsibility of the City. The Association hereby grants to the City temporary easements over the common areas of the Columbine Subdivision to allow the City, its agents and contractors to provide for the design and construction of the Subject Columbine Drive-Bowes Road Redesign and appurtenances thereto. Such temporary easement shall automatically expire upon the completion of the Subject Columbine Drive-Bowes Road Redesign Project. (b) The City agrees to maintain at its cost the revised detention pond and associated landscaping on the remaining portions of Lot 119 following the construction of the Subject Columbine Drive-Bowes Road Redesign. The City further agrees to maintain the northern detention pond located on Lot 117 in the Columbine Subdivision and the connecting storm sewer. The maintenance of such detention ponds, landscaping and the connecting storm sewer to the Lot 117 detention pond shall be performed by the City in conformance with applicable City ordinances and other application regulations of law. The Association hereby agrees to grant to the City easements for such purposes and for a 30 foot public utility easement over the north 30 feet of Lot 117 all as set forth in the Easement Agreement attached hereto as Exhibit D. Such Easement Agreement shall be recorded at the Closing of the conveyance of the Real Estate from the Association to the City. 6 (c) It is agreed and understood that as a result of the Subject Columbine Drive-Bowes Road Redesign Project that certain landscaping will be required on the remaining portions of Lot 119 and at the reconfiguration of the subdivision entrance at Bowes Road. The City agrees to provide for and to pay the costs of installing this landscaping as part of the Subject Columbine Drive-Bowes Road Redesign. The City and the Association agree that the landscaping to be provided for by the City as Tart of-the Subject Columbine-Drive-Bowes-Read Redesign-shall-be as set forth in the Columbine Drive Relocation Landscape Plan prepared by the City of Elgin Parks and Recreation Department dated March 28, 2007, attached hereto as Exhibit E. (d) The parties agree that no commercial traffic shall be routed onto Shooting Star Court and Mountain Laurel Court. If the parcel on Randall Road north of Nick's Pizza is developed as commercial use, the City agrees to the extent of its lawful authority to do so that there will be no access to these streets from that parcel. (e) Bluebell Lane within the Columbine Subdivision stubs to the subdivision's west limits towards the Pulte Edgewater Development. The parties agree to their extent of their lawful authority to do so that no traffic will be routed onto Bluebell Lane from the adjacent Edgewater Subdivision except for emergency vehicles. (f) The City agrees that following the completion of the construction of the Subject Columbine Drive-Bowes Road Redesign to conduct an engineering study as required by the Illinois Vehicle Code to determine whether the speed limits for all streets within the Columbine Subdivision should be 25 miles per hour. In the event the engineering study supports a 25 mile per hour speed limit for the streets in the Columbine Subdivision, the City agrees to adopt ordinances providing for such a 25 mile per hour speed limit for the streets in the Columbine Subdivision. (g) The City agrees to adopt ordinances and to provide for the installation of all way stop signs at the following intersections in the Columbine Subdivision: Columbine Drive and Fox Glove Court; Columbine Drive and Sweet Clover Court; Columbine Drive and Mountain Laurel Court. (h) It is further agreed between the City and the Association that the new intersection created with the relocated Shasta Daisy Drive and the unnamed street extending northward from Shasta Daisy Drive and terminating at Red Barn Lane will include a stop sign and a no right hand turn for westbound traffic from Shasta Daisy Drive to Red Barn Lane. The parties agree that the provisions of this Section 26 shall survive the Closing and the conveyance of the Real Estate from the Association to the City. 27. The parties understand and agree that the City intends to provide for the Subject Columbine Drive-Bowes Road Redesign by having the contractor for Sam's Club and Wal-Mart perform such improvements in conjunction with the contractor for Sam's Club and Wal-Mart 7 providing for improvements to Bowes Road and Randall Road in anticipation of the Sam's Club and Wal-Mart's development to the south. This Agreement is subject to and contingent upon Sam's Club and Wal-Mart proceeding with improvements to Bowes Road and Randall Road in anticipation of the Sam's Club and Wal-Mart development to the south. In the event Sam's Club and Wal-Mart do not proceed with improvements to Randall Road and Bowes Road, the City may at its option terminate this agreement upon written notice to the Association. In the event of such a termination of this agreement by the City, this agreement shall be terminated and null and void without further obligations of the parties hereto. In the event the Association has previously conveyed the Real Estate to the City prior to such a termination, the City shall within thirty(30) days of the termination of this agreement reconvey the Real Estate to the Association subject to the same matters of title in the conveyance from the Association to the City and shall record a release of the grants of easement provided for in the Easement Agreement attached hereto as Exhibit D. IN WITNESS WHEREOF, the parties have hereto have entered into and executed this real estate agreement on the date and year first written above. CITY OF ELGIN COLUMBINE HOMEOWNERS ASSOCIATION By By --- —74' J�-t--�--, Mayor Attest: Its: /,ef-r/JF ede,gedi . Attest_,,f Atiz4;& ,...,�L,�� City erk r—� Its: „ , 150 Dexter Court ,2 6 Co.l-vie e Ml re Elgin, Illinois 60120-5555 E,L6r,J1, /1.- $p/2 Attention: City Manager with a copy of any notice to: with a copy of any notice to: William A. Cogley Thomas M. Hartwell Corporation Counsel Attorney at Law City of Elgin 929 North LaFox Street 150 Dexter Court South Elgin, Illinois 60177 Elgin, IL 60120-5555 Phone: 847-289-1300 Phone: 847-931-5659 Facsimile: 847-289-1272 Facsimile: 847-931-5665 F:'d.egal Dept\Real Fstate\RE-Contract-Columbine-Lot I I9-Clean 5-15-07.doc 8 EXHIBIT A Legal description of Columbine Subdivision Columbine Subdivision,being a subdivision of part of the Northwest Quarter of Section 28, • Tawny 8-East a 'rhtrdaipai-1'viorrdrarnr-the tny-a-ElginTrafie� County,Illinois,recorded on October 20, 1995, as document number 95K063055. 9 EXHIBIT B Subject Columbine Drive-Bowes Road Redesign 10 EXHIBIT B � N U N z ffW ✓� O 46.4 COLUMBINE DRIVE 12 14 " � A H , Y A , d • • ® rg •• /+ L a I z EXHIBIT C Legal description of portions of Lot 119-Columbine Subdivision being conveyed by the Association to the City. 1101( T1M LOT 1ACOLUMBINE SUBDIVISION, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 41 NOWTH, RANG i EAST, OF THE /1400 ►RO CN.AL MEIWDIAN IN THE CITY OF ELGIN, KANE COUNTY. IWN01S. AS RECORDED OCTOBER 20, 1111196, IN DOCUMENT NO. IBKO63095, DESMED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 119; THENCE N88'49.047 230.28 FEET ALONG THE SOUTH LINE OF SAID LOT 119 AND THE NORTH RIGHT-OF-WAY LINE OF *OWES ROAD/COUNTY HIGHWAY 17 TO THE SOUTHEAST CORNER OF SAID LOT 119; THENCE N00•16'14'W 1.00 FOOT ALONG THE EAST LINE OF SAID LOT 119 AND THE WESTERLY RIGHT-OF-WAY LINE OF COLUMBINE DRIVE FOR A RASE W ; THENCE 163.94 FEET ALONG THE ARC OF A 65.00 FOOT RADIUS NON-TANGENTIAL CIRCULAR CURVE TO THE RIGHT AND CONCAVE TO THE EAST, WITH A CENTRAL ANGLE OF 162'08'09', HAVING A CHORD WHICH BEARS NO3'44'22"E 128.42 FEET TO AFORESAID WESTERLY RIGHT-OF-WAY LINE Of SAID COLUMBINE DRIVE; THENCE S08'36'14"W 63.06 FEET ALONG THE EAST LINE OF SAID LOT 119 AND THE WESTERLY RIGHT-OF-WAY LINE OF SAID COLUMBINE DRIVE; THENCE SO0'55'14'E 65.81 FEET ALONG THE EAST LINE OF SAID LOT 119 AND THE WESTERLY RIGHT-OF-WAY LONE OF SAID COLUMBINE DRIVE TO THE PLACE OF BEGINNING, CONTAIRING 0.11 ACRES OF LAND, MORE OR LESS. 'lYII11111A BI IIMBAwO1' THAT PART OF LOT 119. COUAOVIE SUBDIVISION, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SECTION 28. TOWNSHIP 41 NORTH, RANGE 8 EAST, OF THE THIRD PRINCIPAL MERIDIAN IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS, AS RECORDED OCTOBER 20, 11+5, N DOCUMENT NO. VW063065, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 119; THENCE N88'49'04"E 3.69 FEET ALONG THE SOUTH LINE OF SAID LOT 119 AND THE NORTH RIGHT-OF-WAY LINE OF BOWS ROAD/COUNTY HIGHWAY 17 FOR A PLACE OF BECMNIQ; THENCE N43'49'29'E 14.14 FEET; TND CE N01.10'011'W 52.72 FEET; THENCE 63.39 FEET ALONG THE ARC OF A 59.00 FOOT RADIUS CIRCULAR CURVE TO THE RIGHT AND CONCAVE TO THE SOUTHEAST, WITH A CENTRAL ANGLE OF 61'33'20% HAVING A CHORD WHICH BEARS N29'36'33-E 60.38 FEET; THENCE NW 2312E 106.71 FEET; THENCE H00'36'20'W 31.99 FEET TO THE SOUTHERN RIGHT-OF-WAY LINE OF RED BARN LANE; THENCE 14.66 FE1fT ALONG THE ARC OF A 230.00 FOOT RADIUS NON-TANGENTIAL CIRCULAR CURVE TO THE LEFT AND CONCAVE TO THE NORTH, WITH A CENTRAL ANGLE OF 03'39'Or. HAVING A CHORD WHICH BEARS S89'0541'E 14.66 FEET ALONG THE NORTH LIE OF SAID LOT 119 ANO THE SOUTH RIGHT-OF-WAY LINE OF SMD RED DAM LANE; THENCE N89'04'46"E 96.00 FEET ALONG THE NORTH LINE OF SAID LOT 119 AND THE SOUTH RIGHT-OF-WAY OF SAID RED BARN LANE TO THE NORTHEAST CORNER OF SAID LOT 119; THENCE 500'55'14'E 11.44 FEET ALONG THE EAST LINE OF SAID LOT 119 AND THE WESTERLY RIGHT-OF-WAY LINE OF COLUMBINE DRIVE; THENCE 509'36'14'W 30.90 FEET ALONG THE EAST LINE OF SAID LOT 119 AND THE WESTERLY RIGHT-OF-WAY LINE OF SAID COLLMABNNE DRIVE; THENCE S¢O21'01'W 195.85 FEET; THENCE 901'10'06'E 52.11 FEET; THENCE 546'10'31"E 14.14 FEET TO THE SOUTHERN LINE Of SAID LOT 119; THENCE S68'49'04"W 80.00 FEET ALONG THE SOUTH UNE OF SAID LOT 119 AND THE NORTH RIGHT-OF-WAY LINE OF SAID BOWES ROAD/COUNTY HIGHWAY 17 TO THE PLACE OF .E GOWN G, CONTAINING 0.43 ACRES OF LAND, MORE OR LESS. EXHIBIT D This Instrument Prepared By and Return After Recording to: William A. Cogley City of Elgin -- Legal Department 150 Dexter Court Elgin, IL 60120-5555 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT is made and entered into this day of , 2007, by and between the CITY OF ELGIN, an Illinois municipal corporation, (hereinafter referred to as the "City"), and the COLUMBINE HOMEOWNERS ASSOCIATION, an Illinois not-for-profit corporation, organized and existing under the laws of the State of Illinois(hereinafter referred to as the"Grantor"). WITNESSETH: WHEREAS, the Grantor owns certain real property located in the Columbine Subdivision, located north of Bowes Road and west of Randall Road in Elgin, Kane County, Illinois;and WHEREAS, the parties have determined that it is in their best interests for Grantor to grant to the City easements over those portions of Grantor's property legally described herein. NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00) in hand paid to Grantor, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. That Grantor hereby grants and conveys to the City of Elgin, an Illinois municipal corporation, a permanent and exclusive (except for existing drainage, detention and access easements) easement to install,construct,operate, use,maintain, repair, service, upgrade,replace or remove sanitary sewer lines and/or water mains, and appurtenances relating thereto, in, through, under and upon the north 30 feet of Lot 117 in the Columbine Subdivision, such portion of Grantor's property being legally described in Exhibit A attached hereto (such portion of Grantor's property being legally described in Exhibit A attached hereto is hereinafter referred to as the "Public Utility Easement Premises"). _ 2. That Grantor does hereby further grant to the City permanent and non-exclusive easements in, through, under and upon those portions of Grantor's property legally described in Exhibit B attached hereto allowing access over and use of said portions of Grantor's property for the purposes of maintaining or repairing the detention facility on portions of Lot 119 and the landscaping thereon and the detention facility and the connecting storm sewer on Lot 117 in the Columbine Subdivision (the Public Utility Easement Premises and the portions of Grantor's property referred to in this Section 2 are hereinafter collectively referred to as the "Easement Premises"). 3. That the Grantor shall not construct any buildings or structures nor plant any trees on the Public Utility Easement Premises nor undertake any other activities which unreasonably interfere with the Public Utility Easement Premises and the City's intended use thereof. 4. That following the exercise by the City of the easement rights granted herein for the Public Utility Easement Premises, the City shall promptly repair and restore the Easement Premises to the same conditions as existed immediately prior to the exercise of such rights as are reasonably practicable. 5. That no amendment, revision or modification hereof shall be effective unless it is in writing and signed by all of the parties hereto. 6. That this agreement shall be governed by and construed in accordance with the laws of the State of Illinois. 7. That it is understood and agreed that the City may utilize the services of third party contractors, employees or other agents to perform work in the Easement Premises. -2 - 8. That the Grantor hereby represents and warrants to the City it is the fee simple title holder of the Easement Premises and that it has the full power and authority to enter into and make the grants of easement as provided herein. 9. That this agreement shall be binding on the parties hereto, their successors and permitted assigns and shall run with the land. 10. That this agreement shall be recorded by the City at the City's cost with the Kane County Recorder. IN WITNESS WHEREOF, the parties have entered into and executed this Easement Agreement on the date and year first written above. CITY OF ELGIN, an Illinois COLUMBINE HOMEOWNERS municipal corporation ASSOCIAT N By By J -�-- Ed Schoc , Mayor Its: f�aid Attest: Attest: L n (ZdziL City Clerk Its: STATE OF ILLINOIS ) ) SS. COUNTYOFKANE ) I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that Ed Schock, Mayor, personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his free and voluntary act of the uses and purposes therein set forth. Given under my hand an official seal, this ay of , 2007. Not y blic , OFF 'tAl. SI:Ai: KATHRYN J. GRANZOW Notary Public.State of Illinois My Commission Expires 16/2/2010 - 3 - 8. That the Grantor hereby represents and warrants to the City it is the fee simple title holder of the Easement Premises and that it has the full power and authority to enter into and make the grants of easement as provided herein. 9. That this agreement shall be binding on the parties hereto, their successors and permitted assigns and shall run with the land. 10. That this agreement shall be recorded by the City at the City's cost with the Kane County Recorder. IN WITNESS WHEREOF, the parties have entered into and executed this Easement Agreement on the date and year first written above. CITY OF ELGIN, an Illinois COLUMBINE HOMEOWNERS municipal corporation ASSOCIAT N By By J --� Ed Schock, Mayor Its: �L6.1id Attest: Attest: 1 ILLt-C 034. City Clerk Its: . STATE OF ILLINOIS ) ) SS. COUNTYOFKANE ) I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that Ed Schock, Mayor, personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his free and voluntary act of the uses and purposes therein set forth. Given under my hand an official seal,this day of , 2007. Notary Public - 3 - STATE OF ILLINOIS ) ) SS. COUNTY OF K A N E ) I, the undersigned, a Notary Public, in and for said County, in the State aforesaid. do_ _ hereby certify that is personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his free and voluntary act of the uses and purposes therein set forth. Given under my hand an official seal, this \ r\day of M 6\ , 2007. Notary ublic KATHRYN J GRANZOW Notary Public,State of Illinois F:\iegal Dept\Agreement\Easement-ColumbineSub-BoweBRandal id( yCOrnn:,SS'')'Expires 11U/21220010 -4 - EXHIBIT A Legal Description of Public Utility Easement Premises The north 30 feet of Lot 117 in the Columbine Subdivision, being a subdivision of part of the Northwest Quarter of Section 28, Township 41 North, Range 8 East of the Third Principal Meridian in the City of Elgin, Kane County, Illinois,recorded on October 20. 1995, as Document No. 95K063055. - 5 - EXHIBIT B Lot 117 in the Columbine Subdivision being a subdivision of part of the Northwest Quarter of Section 28, Township 41 North, Range 8 East of the Third Principal Meridian in the City of Elgin, Kane County, Illinois, recorded on October 20, 1995, as Document No. 95K063055 and Lot 119 in the Columbine Subdivision being a subdivision of part of the Northwest Quarter of Section 28, Township 41 North, Range 8 East of the Third Principal Meridian in the City of Elgin, Kane County, Illinois, recorded on October 20, 1995, as Document No. 95K063055 excepting therefrom the following described property: those portions previously conveyed and dedicated to the City of Elgin described as follows: B1♦GAT TT41Arar or LOT 119, COLUMBINE SUSOINSION, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 41 NORTH, RNMNBL II EAST, OF 'ME THEJIO PRNCIPAL MERIDIAN IN THE CITY OF ELOIN, KANE COUNTY, ILUNDS, AS RECORDED OCTOBER 20, 1906, IN DOCUMENT NO. 99K063055, DESCRIED AS FOLLOWS' C01INEMCMIG AT THE SOU RAWEST CORNER OF SAID LOT 119; THENCE N88'49'04'E 230.28 FEET ALONG THE SOUTH LINE OF SAD LOT 119 AND TIE NORTH RIGHT-OF-WAY LINE OF BONES ROAD/COUNTY HIGHWAY 17 TO THE SOUTHEAST CORNER OF SAID LOT 119; THENCE N00'18'14'W 1.00 FOOT ALONG THE EAST LINE OF SAID LOT 119 AND THE WESTERLY RIGHT-OF-WAY LINE OF COUJIIBINE DINA FOR A PUNK • 1.111111111111 THENCE 193.94 FEET ALONG THE ARC CC A 65.00 FOOT RADM.IS NON-TANGENTIA. CIRCULAR CURVE TO THE RIGHT MD CONCAVE TO THE EAST. ETH A CYNTTIAL ANGLE Of 162'0/3'09', MANIAC A CHORD WHICH BEARS'NO3'44'22 T 1 28.42 FEET TO AFORESAID WESTERLY RIGHT-OF-WAY UNE OF SAID COLUMBINE DRIVE; THENCE S08'36'14"W 63.06 FEET ALONG THE EAST LINE of SAID LOT 119 AND THE WESTERLY WIGHT-OF-WAY LINE OF SAID COLUMBINE DRIVE; THENCE S00'55'14'E 65.81 FEET ALONG THE EAST LINE OF SAID LOT 119 AND THE WE STERLY RIGHT-OF-WAY LINE Of SAID COLUMBINE DRIVE TO THE PLACE OF BEGINNING, CONTAINING 0.11 ACRES OF LAND, MORE OR LESS. '8I111111111 DAISY SIM B1,IfiATAON' THAT PART OF LOT 119, COLUMBINE SUBDIVISION. BENG A SUBDIVISION OF PART OF THE NORTHWEST WAR TER OF SECTION 28. TOWNSHIP 41 NORTH. RANGE 8 EAST, OF THE THIRD PRINCIPAL MERIDIAN IN THE CITY OF ELGIN. KANE COUNTY. ILLINOIS. AS RECORDED OCTOBER 20. 1905, IN DOCUMDIT NO. 93K063055, DESCRIBED AS FOLLOWS: CCIIIMENCINC AT THE SOUTHWEST CORNER or SAID LOT 119; THENCE N88'49'04T 3.69 FEET ALONG THE SOUTH UNE OF SAID LOT 119 AND THE NORTH RIGHT-OF-WAY LIE OF BOLES ROAD/COUNTY HIGHWAY 17 FOR A PLACE CC ; THENCE N43'49'29'E 14.14 FEET; TWICE N01'10'06'W S2.72 FEET; THENCE 63.39 FEET ALONG THE ARC OF A 59.00 FOOT RADIUS CIRCULAR CURVE TO THE RIGHT AND CONCAVE TO THE SOUTHEAST, WITH A CENTRAL ANGLE OF 61'33'20', HAVINNG A CHORD WHICH BEARS N29'36'33'E 60.38 FEET; THENCE 1M0'23'1YE 106.71 FEET; THENCE H00.36'20'W 31.99 FEET TO THE SOUTHERN RIGHT-OF-WAY UNE CF RED BARN LANE; THENCE 1 4.66 FAT ALONG THE ARC OF A 230.00 FOOT RADIUS NON-TANGENTIAL CIRCULAR CURVE TO THE LEFT AND CONCAVE TO THE NORTH, WITH A CCM IRA- AIAGLE OF O,Y3B'OB', HAVING A CHORD WHICH BEARS 589'05'41'E 14.66 FEET ALONG THE NORTH LINE OF SAID LOT 119 AND THE SOUTH RIGHT-OF-WA Y LANE OF SAID RED BMMN LANE; THENCE 1489'04'46'E 96.00 FEET ALONG THE NORTH UNE OF SA10 LOT 119 AND THE SOUTH RIGHT-OF-WAY OF SAID RED BARN LANE TO THE NORTHEAST CORNER OF SAID LOT 119; THEM mewl 4'E 11.44 FEET ALONG THE EMT LINE OF SAID LOT 119 AID THE NZSWRIT R10HT-OF-WAY LINE Of COLUMBNE DRIVE; THENCE S08'36'14'W 30.90 FEET ALONG THE EAST LINE OF SAID LOT 119 AND THE WESTERLY RIGHT-OF-WAY UNE OF SAID COLUMBINE DRIVE; THENCE S80'21'01'W 195.85 FEET; THENCE 901'10'06'E 52.11 FEET; T E NCE 549'10'31'E 1 4.1 4 FEET TO THE SOUTHERN LINE OF SAID LOT 119; THENCE S8a'49'04-W 80.00 FEET ALONG THE SOUTH UNE OF SAID LOT 119 AND THE NORTH RIGHT-OF-WAY UNE OF SAID BONES ROAD/COUNTY HIGHWAY 17 TO THE PLACE OF BEGINNING. CONTAINING 0.43 ACMES OF LAND, MORE OR LESS. - 6 - 1I III INl�iill 11111111Illilliir� g A ir r A�� 141 EE _ i ;g0 qg Wls g;c il 8:q a i .1 di 111 Pr i ii pill? i i 1- 1401,1 iii 1 . lq 4111i 111003 41 V 14 ; q1 Ott � gT N ! WY 88 33 p 'um I+II� il {l • .a • ; m n ig �< d9r " 2 jS c T Y i+,'fir xiii S Q e • II I'LL M'11 4 1i! LirsbQ� 3f�ix I ems§ H l' !.il : Aii; W gpL q tz a n '11'�11-U�....5.. O a ~ r," 4.11 ill 4 m WIt /1 H M N u.'9 Z ii • t m i a yy . 1 i m — L..I— 0 1 p 1p 4rn [[1 III 46 I 1 — • J 1 ! t —n.11'71 ski t __ 11-111t = 'f1 tl .W 11i1 'hull A'' PI q!� 9 9 II Jrli;1i it Vim II I II'I i�' r uNn' I a Qs a .M'� ` 3 ..*.t..9.4 iti, VI :P44"41N ,-A, 4;4: i, • 44 `�li yid, 8 1\` a i E �:i.. 1 t sl o r! COLUMBINE DRIVE 1 ,J N z n g C 1d; T t c1 """""1 RELOCATION '- m _ 111111 H 1 II1 al e04 EXHIRTT F.