HomeMy WebLinkAbout92-0122 Anest Prop Recorded Prp Ey f l
RESOLUTION
AUTHORIZING EXECUTION OF AN EASEMENT GRANT
FOR STORM WATER AND SANITARY SEWER PURPOSES
(Anest Property)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that George VanDeVoorde, Mayor, and Dolonna Mecum,
City Clerk, be and are hereby authorized and directed to
execute an Easement Grant between Bill Anest and Olga Anest,
his wife and Peter Anest and Thalia Anest, his wife, to the
City of Elgin, dated November 6, 1991, in conjunction with the
Easement Agreement attached, between The Zale Group, Inc. , an
Illinois Corporation, American National Bank & Trust Company
of Chicago, as Trustee under Trust Agreement dated
September 29, 1989 and known as Trust No. 109526-04 , and Bill
Anest and Peter Anest, dated November 6 , 1991, for storm water
and sanitary sewer purposes for the property legally described
as follows :
Easement One
Commencing at the South Quarter corner of
Section 28 : thence S-89° 39 ' 39"-W, along the South
line of said section, a distance of 565 . 39 feet to
the point of beginning; thence S-89° 39 ' 39"-W,
along said South line, a distance of 70. 00 feet;
thence N-00° 20 ' 21"-W, a distance of 80. 00 feet to
a point of curvature to the left and a radius of
655 . 00 feet; thence along the arc of said curve, a
distance of 300 .23 feet to a point of tangency;
thence N-26° 36 ' 07"-W, a distance of 195 .40 feet to
a point of curvature to the right and a radius of
335. 00 feet; thence along the arc of said curve, a
distance of 131 . 94 feet to a point of tangency;
thence N-04° 02 ' 09"-W, a distance of 264 .47 feet to
a point of curvature to the right and a radius of
1035 . 00 feet; thence along the arc of said curve, a
distance of 740 .96 feet to a point of tangency;
thence N-36° 58 ' 57"-E, a distance of 319 . 49 feet to
a point of curvature to the left and a radius of
330. 00 feet; thence along the arc of said curve, a
distance of 212 .96 feet to a point of tangency;
thence N-00° 00 ' 26"-E, a distance of 519 .96 feet to
a point on the South line of Bowes Road; thence
S-89° 59 ' 34"-E, along said South line, a distance
of 70. 00 feet; thence S-00° 00' 26"-W, a distance of
519 . 96 feet to a point of curvature to the right and
a radius of 400. 00 feet; thence along the arc of
said curve, a distance of 258 . 14 feet to a point of
tangency; thence S-36° 58 ' 57"-W, a distance of
319 .49 feet to a point of curvature to the left and
a radius of 965 .00 feet; thence along the arc of
said curve, a distance of 690 .85 feet to a point of
tangency; thence S-04° 02 ' 09"-E, a distance of
L
264 .47 feet to a point of curvature to the left and
a radius of 265 . 00 feet; thence along the arc of
said curve, a distance of 104 . 37 feet to a point of
tangency; thence S-26° 36 ' 07"-E, a distance of
195 .40 feet to a point of curvature to the right and
a radius of 725 . 00 feet; thence along the arc of
said curve, a distance of 332 . 32 feet to a point of
tangency; thence S-00° 20 ' 21"-E, a distance of
80 .00 feet to the point of beginning, containing
193,564 square feet, or, 4,4436 acres, all in
Section 28, Township 41 North, Range 8 East of the
Third Principal Meridian, Kane County, Illinois .
Easement Two
The South 10 feet of the West 950 feet of the
East half, except the West 500 feet thereof, all in
the Southwest quarter of Section 28, Township 41
North, Range 8 East of the Third Principal Meridian,
Kane County, Illinois .
BE IT FURTHER RESOLVED that the City Clerk is hereby
authorized and directed to cause the Easement Grant to be
recorded in the office of the Recorder of Deeds of Kane
County, Illinois.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: January 22, 1992
Adopted: January 22, 1992
Omnibus Vote: Yeas 6 Nays 0
Recorded:
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
ARIANO, ANDERSON, BAZOS, HARDY & CASTILLO
A PARTNERSHIP OF PROFESSIONAL CORPORATIONS
FRANK V.ARIANO ATTORNEYS AT LAW OTHER OFFICES
ALLEN M.ANDERSON 1250 LARKIN AVENUE,SUITE 100
PETER C.BAZOS 474 SUMMIT STREET ELGIN,ILLINOIS 60123
RALPH C.HARDY ELGIN, IWNOIS 60120 TELEPHONE(708)742-8800
WILUAM F.CASTILLO TELEPHONE(708)695-2400 FAX(708)742-9777
DANIEL A.WEILER FAX(708) 695-2401
GARY M.VANEK STATE BANK OF HUNTLEY BUILDING
BRETT E.ANDERSON HUNTLEY,ILLINOIS 60142
- (708)669-5020
TRACI O'NEAL ELLIS
September 23, 1993
City of Elgin
Attn: Mr. Ray Moller
150 Dexter Court
Elgin, IL 60120
RE: Bill Anest / Peter Anest - City of Elgin
Dear Ray;
Enclosed please find the original recorded Easement Grant dated October 2, 1993 between
Anest and the City of Elgin recorded on September 2, 1993 as Document No. 93K67567.
A copy has been forwarded to the Zale Group, Inc.
Very truly yours,
0°A)V-Ce—
ALLEN M. ANDERSON
AMA/ca
Encl.
tom- r~
EASEMENT GRANT
THIS GRANT OF EASEMENT made this 2nd day of October, 1992, from Bill Anest
and Peter Anest, hereinafter called "Grantors", to the City of Elgin, a municipal
corporation, organized and existing under the laws of the State of Illinois, (hereinafter"the
Grantee").
WHEREAS, Bill Anest and Peter Anest entered into an Easement Agreement dated
November 6, 1991, with the Zale Group, Inc., an Illinois corporation and American
National Bank & Trust Company of Chicago, as Trustee, under Trust Agreement, dated
September 29, 1989 and known as Trust No. 109526-04 (hereinafter"Zale") regarding the
construction of sanitary and storm water sewers and other agreements and said
Easement Agreement being amended by a "First Amendment" to the Easement
Agreement dated October 2, 1992 (hereinafter "First Amendment");
WHEREAS, Grantors, pursuant to the Easement Agreement and the First
Amendment have agreed to grant permanent easements to the City of Elgin for a sanitary
sewer within a 20-foot wide permanent easement adjacent to east right of way of Randall s
Road.
4V
NOW, THEREFORE, Grantors hereby bargain, sell, grant, transfer and convey to
the City of Elgin the Permanent Easement for the construction and installation as well as
the repair, replacement, operation and maintenance of a sanitary sewer as described on
a_ the Plat of Easement, attached hereto as Exhibit"A"and incorporated herein by reference.
ILL ANEST r!, ETER ANEST `L "
FILED
` 1 KAPL C.11N; i Y. ILL.
STATE OF ILLINOIS )
93K67567 q SEF --2 P4 3: 00
SS '_ •
COUNT(( OF Licu<6 ) ° i, OROER
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I, the undersigned, a notary public in and for and residing in said County in the
CT' State aforesaid, do hereby certify that Bill Anest and Peter Anest, personally known to me
CJI to be the same persons whose names are subscribed in the foregoing instrument,
a, appeared before me this day in person, and acknowledged that they signed, sealed and
delivered the said instrument as and for their free and voluntary act, for the uses and
purposes therein set forth.
Given under my hand and notarial seal this 2nd day of October, 1992.
Ci) "OFFICIAL SEAL" II lig
MARIt.YN HAMILTON GcJL�G � , ,�'�
Rif
Notary Public, State of h inois Public
My Commission Expires 9/10/
410
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- PLAT OF EASEMENT
FOR SANITARY SEWER
A 20 foot wide strip of land for sanitary sewer purposes across part of the East half
of the southwest quarter of section 28, township 41 north, range 8 east of the third
principal meridian described as follows: Beginning at the east line of Randall Road
and the north line of an easement granted to Fox River Water Reclamation District for
sanitary sewer purposes by document number 91K21584 and corrected by document number
92K00046; thence north a distance of 1267.66 feet along said line to the south of
Bowes Road as dedicated by document number 92K23084 and corrected by document number
93K65081; thence along said south line 20.0 feet; thence south parallel with the
east line of Randall Road a distance of 1274.63 feet to the north line of said Fox
River Water Reclamation District easement; thence westerly along the north line of
said Fox River Water Reclamation District easement a distance of 20.32 feet to the
place of beginning, all in the City of Elgin, Kane County, Illinois.
BOWES GOAD
_
K CENTERLINE OF BOWES ROAD
20.0' k.NORTH LINE OF S.W. QUARTER OF SECTION 28-41-8
•• \-SOUTH LINE OF BOWES ROAD
Q DEDICATED BY DOC. NO. 92K23084
CORRECTED AS DOC. NO. 93K65081
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Scale: 1" = 200'
FRWRD EASEMENT Dimensions in
RECORDED AS DOC. NO. 91K21584 Feet and Decimals
CORRECTED AS 92K00046
POINT OF
BEGINNING-- _ EXHIBIT A
20.32'
6311001-i
411
DO :£ 14cl — d3SC6 1. 9SL9Ne6
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(D.101-Y.:H 07311J
ARIANO, ANDERSON, BAZOS, HARDY & CASTILLO
A PARTNERSHIP OF PROFESSIONAL CORPORATIONS
FRANK V.ARIANO ATTORNEYS AT LAW OTHER OFFICES
ALLEN M.ANDERSON 1250 LARKIN AVENUE,SUITE 100
PETER C.BAZOS 474 SUMMIT STREET ELGIN,ILLINOIS 60123
RALPH C.HARDY ELGIN,ILUNOIS 60120 TELEPHONE(708)742-8800
WILLIAM F.CASTILLO TELEPHONE(708)695-2400 FAX(708)742-9777
DANIEL A.WEILER FAX(708) 695-2401
GARY M.VANEK STATE BANK OF HUNTLEY BUILDING
BREfT E.ANDERSON HUNTLEY,ILLINOIS 60142
(708)669-5020
TRACI O'NEAL ELLIS
September 27, 1993
Mr. Richard Rappold, Esq.
��
Marks, Marks & Kaplan =''
120 N. LaSalle St. #3200
Chicago, IL 60602
RE: Bill Anest / Peter Anest • Zale Group, Inc.
Dear Mr. Rappold:
Enclosed please find a copy of the recorded First Amendment to Easement Agreement
dated November 6, 1991 between the Zale Group and Bill and Peter Anest. This document
was recorded on September 2, 1993.
Very truly yours,
l
ALLEN M. ANDERSON
AMA/ca
Encl.
cc: City of Elgin -Ray Moller.�"
FIRST AMENDMENT ("FIRST AMENDMENT') TO EASEMENT AGREEMENT
(THE"AGREEMENT' DATED NOVEMBER 6, 1991 BY AND BETWEEN TI IP. ZALE
GROUP, INC., AMERICAN NATIONAL BANK AND TRUST COMPANY OF
CHICAGO AS TRUSTEE UNDER A TRUST AGREEMENT DA I±D SEPTEMBER
29, 1989 AND KNOWN AS TRUST NO. 109526-04 (HEREAFTER COLLECTIVELY
REFERRED TO AS "ZALE") AND BILL ANEST AND PETER ANEST(HEREAFTER
"ANEST').
C
RECITALS
A. The Agreement authorizes Zale to install a sanitary sewer line across certain
real property owned by Anest (the "Anent Property"). In order to develop its real property
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to the fullest extent possible, Zale needs to reroute the Umdenstock sanitary sewer (the 7c
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"Umdenstock Sewer" or "Sanitary Sewer") upon the Anest Property within a 20-foot wide C11 Cpcn
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permanent easement adjacent to the East right-of-way of Randall Road. CO
B. Anest is willing to permit Zale to reroute the sanitary sewer across the Anest
Property subject to certain conditions set forth herein. •
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AGREEMENT , �?
Zale and Anest, in consideration of the mutual covenants and promises exchan e
a c:s
herein, including the Recitals set forth above, do hereby agree as follows! c. r-a
cs
1. The Umdenstock Sewer (Easement One) shall he rerouted upon the Anest
LID
c0 Property within a 20-foot wide easernent adjacent to the existing east right-of-way of
Randall Road from the Bowes Road Interceptor north to Bowes Road.
2. Upon execution of this First Amendment, Zale shall immediately pay to Anest
03.
the sum of $9,780.00.
/ 3. The Umdenstock Sewer shall be completed and accepted by the City of Elgin
no later than September 1, 1993. Anest agrees to grant to Zale an 80-foot temporary
CHICAGO TITLE AND TRUST COMPANY
B3 South Third trr' t
Gen-ya, r; b,t l.i-+ Q Ot .
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9F,0 011I2_SVD,lCl�l NSO%d9NS :CN4-ILNVI �Jb 15C9
construction easement along the existing east right-of-way of Randall Road from the Bowes
Road Interceptor north to Bowes Road, through and including September 1, 1993.
4. Upon completion of the installation and construction of the Umdenstock Sewer,
as herein identified, Zak shall replace the land to its previous condition and pay such crop
damage incurred by the tenant farmer, as required by the tenant farmer, due to the actions
and/or omissions of Zale, its agents and subcontractors, in installing and constructing the
Umdenstock Sewer. Excavations necessary for the installation of the Umdenstock Sewer
shall be backfilled and compacted to 80% (Modified Proctor). All restoration shall be at
the direction of Anest. Compaction testing shall be by a Soils Engineer approved by
Anest.
5. No construction of the Umdenstock Sewer shall be initiated until Zale has filed
with Anest copies of the IEPA permit, Corps of Engineers wetlands'permit and such other
permits and consents as are required by such other governmental bodies having jurisdiction
over the construction, excavation and operation of a sanitary sewer, without cost or
expense to Anest. Wetlands mitigation or restoration work as may be required by the
Corps of Engineers shall be considered part of the installation of the Umdenstock Sewer.
6. Anest makes no representation or warranty as to whether the Umdenstock Sewer
can be located within the easement described herein in Paragraph 1 of this First
Amendment, the sole obligation for the determination of the feasibility of said sanitary
c.
sewer route being the sole responsibility of Zale.
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7. Except as expressly modified or amended by this First Amendment, the
Agreement and the obligations arising thereunder shall continue in full force and effect and
the terms of the Agreement are specifically incorporated herein by reference.
TLi. rr but
city
Dated: (-1-C(3�>2 Z 1992
.. ._ u.idertaku;g or
•
THE .1s GROUP
Bill Anest
BY: IL,
P esid t
Peter Anest
Attest: u�k ie c-C� /�il
Se e ry •
American National Bank and Trust
Company of Chicago not individually,
but solely as Trustee under a Trust
, ee'imer>,t dated September 29, 1989
* 'knOwri'A;;T► .t i0 109526-04
(- "Alb
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y
,Attest: .ta
15SISTAN1 SECRSTARt
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RED f � �I E RIU BOOK# '( � FILED I"C)? RECORD Fast}Ihe�
F =. KANE COUNTY, ILL.
92K 10976 92FEB I9 NI
EASEMENT GRANT �r .f.�.
itECORDER
THIS GRANT OF EASEMENT made this 644k day of November, 1991 from Bill
Anest and Olga Anest, his wife and Peter Anest and Thalia Anest, his wife, hereinafter
called the "Grantors", to the City of Elgin, a municipal corporation, organized and
existing under the laws of the State of Illinois, hereinafter called "CITY", (Grantee) 150
Dexter Court, Elgin, Illinois 60120.
WHEREAS, Zale and Bill Anest and Peter Anest have entered into an Easement
Agreement dated NOV(4+\Be2 6 , 1991, regarding the construction of a certain sanitary
sewer and a certain storm water sewer and other agreements; and
WHEREAS, Grantors are willing to grant a permanent easement to the City for
a sanitary sewer to be located within Easement One as described in the attached Plat
of Easement and for a storm water sewer to be located within Easement Two of the
attached Plat of Easement. -�
NOW, THEREFORE, Grantors hereby bargain, sell, grant, transfer and convey to
the City the Permanent Easement, right, permission and authority for the constructionril
and installation as well as repair, replacement, operation and maintenance of a sanitary
sewer within the easement identified as Easement One, as described on the Plat of
Easement, attached hereto as Exhibit "A", which is incorporated and made a part hereof.
Additionally, Grantors hereby bargain, sell, grant, transfer and convey to City the
Permanent Easement, right, permission and authority for the construction and installation
as well as repair, replacement, operation and maintenance of a storm water sewer within
OCLCNNA MECUM, CITY CLERK V-1
CITY OF ELGIN _
150 DEXTER CT I'g ) � e°
ELGIN, IL 60120 D32.d"a 3L
the easement identified as Easement Two, as described on the Plat of Easement,
attached hereto as Exhibit "A", which is incorporated and made a part hereof.
f,d)(
P
BILL ANEST ETER ANEST
(21,
OLGA ANEST, his wife THALIA ANEST, his wife
Approved and accepted this 2 3 rd day of January, 1992
by CITY OF ELGIN.
BY: v ilia
Attest: )(044,v,-C
Clerk
c,
ram '
2
2 -K 109 6
STATE OF ILLINOIS )
SS
COUNTY OF )
I, the undersigned, a notary public in and for and residing in said County in the
State aforesaid, do hereby certify that Bill Anest and Olga Anest, husband and wife, and
Peter Anest and Thalia Anest, husband and wife, personally known to me to be the
same persons whose names are subscribed in the foregoing instrument, appeared
before me this day in person, and acknowledged that they signed, sealed and delivered
the said instrument as and for their free and voluntary act, for the uses and purposes
therein set forth.
Given under my hand and notarial seal this �, day of November, 1991.
"OFFICIAL SEAL" X- A10-7-x-e-do)e_
MARILYN HAMILTON Nota u lic
Notary Public, State of Illinois
My Commission Expires 9/10/94f
This instrument prepared by:
Allen M. Anderson, Esq.
Ariano, Anderson, Hardy & Castillo, P.C.
474 Summit St.
Elgin, IL 60120
3
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V. 1 ;/ / '/ 176
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II i / / / 193 192
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II _-- ""-- -"---. _ -
1 0-1 / 170 169 LEGAL DESCRIPTION - Easement One
I t, I • COMWENCING AT THE SOUTH QUARTER CORNER OF SECT/ON 28:
171 THENCE 5-89.39'39"-W, ALONG THE SOUTH LINE OF SAID SECTION. A
i ! I ' TTHENCEDISTANCE OF S-89'39'399-W,££T TO ALONGTHE POINT SAID SOUTHFLINE.INA/DISTANCE OF
I 'I 8 •I 172 70.00 FEET:
THENCE N-00'20'2/"-W, A DISTANCE OF 80.00 FEET ro A PO/NT OF
I 1 ' I CURVATURE TO THE LEFT AND A RADIUS OF 655.00 FEET:
1 I
t 1 THENCE ALONG THE ARC OF SAID CURVE, A DISTANCE OF 300.13 FEET
I I I I TO A POINT OF THENCE N-26'36'07"-W,C A DISTANCE OF /95.40 FEET TO A POINT OF
I I 1 •I I I CURVATURE TO THE RIGHT AND A RADIUS OF 335.00 FEET;
iTHENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF /3/.94 FEET
i I I 1 TO A POINT OF TANGENCY.'
I• •I i 1 174 THENCE N-04'02'09"-W, A DISTANCE OF 264.47 FEET TO A POINT OF
r�Ll i I I4:3 I • 175 CURVATURE TO THE THENCE ALONG THE ARCH OF SAID CURVET AND A S A DISTANCE OF OF /035.00 E740.96 FEET
d,' TO A POINT OF TANGENCY:
I THENCE N-36'58'57"-E, A DISTANCE OF 3/9.49 FEET TO A POINT OF
e CPI 1 I 4 THENCE UALONG THE ARC RE TO THE TOF SAID CURVE,AND A RADIUS OA DISTANCE OF 212.96 FEET
1F 330.00 FEET:
I. p TO A POINT OF TANGENCY:
m �,,) 1 I da THENCE N-OO'00'26"-E, A DISTANCE OF 5/9.96 FEET TO A POINT ON
o I I
4 THE SOUTH LINE OF BOWES ROAD;
11 THENCE S-89.59'34"-E, ALONG SAID SOUTH LINE, A DISTANCE OF
0 w I 1 70.00 FEET'
0 1 1 4 THENCE 5-00.00'26"-W, A DISTANCE OF 519.96 FEET TO A POINT OF
1.
0 11 I r I 4 CURVATURE TO THE RIGHT AND A RADIUS OF 400.00 FEET;
C I THENCE ALONG THE ARC OF SAID CURVE. A DISTANCE OF 258./4 FEET
TO A POINT OF TANGENCY:
p 1 1 1 THENCE 5-36.58'57"-W, A DISTANCE OF 3/9.49 FEET TO A POINT OF
w CURVATURE TO THE LEFT AND A RADIUS OF 965.00 FEET:
4. l I i THENCE ALONG THE ARC OF SAID CURVE, A DISTANCE OF 690.85 FEET
o 1 k TO A PO/NIT OF TANGENCY:
• �y THENCE 5-04.02'09"-E, A DISTANCE OF 254.47 FEET TO A POINT OF
v I L 1 CURVATURE TO THE LEFT AND A RADIUS OF 265.00 FEET,'
THENCE ALONG THE ARC OF SAID CURVE, A DISTANCE OF 104.37 FEET
Li 1 ( �' TO A POINT OF TANGENCY.'
I THENCE 5-26.36'07"-E. A DISTANCE OF /95.40 FEET TO A POINT OF
J 1 CURVATURE TO THE RIGHT AND A RADIUS OF 725.00 FEET:
I _____
THENCE ALONG THE ARC OF SAID CURVE. A DISTANCE OF 332.32 FEET
1 _ TOH A POINT OF2 TANGENCY.'
S 89':'8''8" iP ilOT -( '+ I THENCE S 00'20 ONT E, A DISTANCE OF 80.00 FEET TO THE POINT
OF BEGINNING, CONTAINING /93,564 SQUARE FEET, OR. 4.4436
j I -- ACRES, ALL IN SECT/ON 28. TOWNSHIP 4/ NORTH, RANGE 8 EAST OF THE
` //�{17 T4;RP PR/NC/PAL MER/D/AN. KANE COUNTY. ILL/NO/S.
' 4 •�, `\Y
194 �p
a ` 7J '` 263 LEGAL DESCRIPTION - Easement Two
1
1 \ ; - THE SOUTH /0 FEET OF THE WEST 950 FEET OF THE EAST HALF. EXCEPT THE
19S 7i WEST 500 FEET THEREOF. ALL IN THE SOUTMVEST QUARTER OF SECTION 28,
R ` 71 TOWNSH/P 4/ NORTH. RANGE 8 EAST OF THE THIRD PR/NC/PAL MER/0/4N, KAN
1 9 COUNTY. ILL/NO/S.
• .. 196 1 1
197 1 1
o 11
0 1 1
h 1
s 198
1
P PV
I _ 199a EXHIBIT 11B11 13
s F
P U P L i GATT
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT is made this Cv day of November, 1991 by
and between The Zale Group, Inc., an Illinois Corporation, American National Bank &
Trust Company of Chicago, as Trustee under Trust Agreement dated September 29,
1989 and known as Trust No. 109526-04 (hereinafter "Zale") and Bill Anest and Peter
Anest, (hereinafter "Anest"), regarding a grant of easements to the City of Elgin, a
municipal corporation (hereinafter "City") and the construction of a sanitary sewer and
storm water sewer and storm water management.
WHEREAS, Anest owns certain property, identified on attached Exhibit "A",
(hereinafter Anest Property) over which Anest agrees to grant certain easements to the
City of Elgin, located and identified as Easement One and Easement Two on the Plat
of Easement, attached hereto as Exhibit "B" and collectively identified as the
"Umdenstock Road Easement"; and
WHEREAS, Zale is the owner of certain property located within the City of Elgin,
commonly referred to as Woodbridge North subdivision and Woodbridge South
subdivision, (collectively referred to as "Zale Property"); and
WHEREAS, Zale agrees to construct and install, at its sole expense, certain
sanitary and storm water sewers within the Umdenstock Road Easement and Zale and
Anest have agreed to the terms and conditions for the construction of the sanitary and
storm water sewers, storm water management and the grant of the Umdenstock Road
Easement, as set forth in this Agreement.
2 i 0976
NOW, THEREFORE, Zale and Anest, in consideration of the mutual covenants
and promises exchanged hereby, including the recitals hereinbefore set forth, do hereby
agree as follows:
1. The recitals and identifications, as hereinbefore set forth, are incorporated
herein by reference and made a part hereof.
2. Contemporaneously with the execution of this Agreement, Anest shall execute
a grant of easement to the City for a sanitary sewer in Easement One and a storm
water sewer in Easement Two, as located within the Umdenstock Road Easement.
3. Zale shall install and construct a sanitary sewer within Easement One of the
Umdenstock Road Easement in accordance with the plans and specifications to be
approved by the City and Fox River Water Reclamation District (FRWRD), consistent with
the terms and conditions of this Agreement, including the following:
a. A sanitary sewer shall be installed and accepted by the City and
FRWRD no later than September 1, 1992 and the sewer shall have
capacity to serve that portion of Anest's Property that is tributary to
the sanitary sewer to be installed. The phrase "tributary to the
sanitary sewer to be installed" is herein defined to be that portion
of the Anest Property that can be served by gravity to the sewer to
be installed.
b. The sanitary sewer shall be designed and installed at a depth and
capacity necessary to adequately serve the portion of Anest's
Property that is tributary to the sanitary sewer, with structures
located to provide service to the Anest Property, as approved by
Anest's Engineer.
c. Zale shall install and construct the sanitary sewer at its sole cost and
expense and shall indemnify Anest and hold Anest harmless from
any cost or expense incurred or assessed or claimed against Anest
arising out of the installation and construction of the sanitary sewer
2
or otherwise claimed against Anest for participation or recapture for
the installation or connection to the sanitary sewer (excepting service
connections). Additionally, Zale shall indemnify Anest and hold
Anest harmless from all claims, liabilities and damages, including
Anest's attorneys' fees and related cost of litigation, arising out any
aspect of the design, preparation, installation and construction of the
sanitary sewer and any claims of tenants for crop damage arising
in 1991 or thereafter relating to the location of the Umdenstock Road
Easement or the installation and construction of the sanitary sewer.
d. In the event the sanitary sewer or any portion thereof is not installed
and accepted by September 1, 1992, Anest may, upon 30 days
written notice to Zale of its intention to do so, complete the
construction and installation of the sanitary sewer and Zale shall be
liable for and pay and/or reimburse Anest for all costs and
expenses, including engineering and legal costs and expenses, to
complete Zale's obligations hereunder.
4. Zale shall install and construct a storm water sewer within Easement Two of
the Umdenstock Road Easement, according with plans and specifications approved by
the City, consistent with the terms of this Agreement, including the following:
a. A storm water sewer shall be installed and accepted by the City no
later than September 1, 1992.
b. Zale shall install and construct the storm water sewer at its sole cost
and expense and shall indemnify Anest and hold Anest harmless
from any cost or expense incurred or assessed or claimed against
Anest arising out of the installation and construction of the storm
water sewer or otherwise claimed against Anest as participation or
recapture for the installation or connection to the storm water sewer.
Additionally, Zale shall indemnify Anest and hold Anest harmless
from all claims, liabilities and damages arising out any aspect of the
design, preparation, installation and construction of the storm water
sewer, including without limitation, any claims of tenants for crop
damage arising in 1991 or thereafter relating to the location of the
Umdenstock Road Easement or the installation and construction of
the storm water sewer.
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c. In the event the storm water sewer or any portion thereof is not
installed and accepted by September 1, 1992, Anest may, upon 30
days written notice to Zale of its intention to do so, complete the
construction and installation of the storm water sewer and Zale shall
be liable for and pay and/or reimburse Anest for all costs and
expenses, including engineering and legal costs and expenses, to
complete Zale's obligations hereunder.
5. Zale and its agents and employees are hereby granted a temporary
construction easement 100 feet from the center line of Easement One and Easement
Two to the Umdenstock Easement until September 1, 1992 for the limited purpose of
construction, installation, supervision, inspection, repair and maintenance of the sanitary
sewer and the storm water sewer herein described. In addition to the indemnity and
hold harmless obligations of Zale herein, Zale, its agents and employees, shall give
reasonable notification to any tenant of the Anest property prior to the commencement
of any work herein.
6. Zale shall require that all contractors and subcontractors involved in the
construction and installation of both the sanitary sewer and storm water sewer shall
have worker's compensation insurance and liability insurance at least in the amount of
$1,000,000.00 with an umbrella of $3,000,000.00 and property damage insurance of at
least $300,000.00 covering the construction and installation of each of the sewers
described herein, with Anest (including agents and employees) named as additional
insureds under said insurance coverage and Zale shall provide Anest with copies of
all policies, riders and renewals thereof. All insurance required of Zale shall have as a
term and condition that said insurance shall not be cancelled, except on 30 days prior
notification to Anest.
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7. Anest agrees that no storm water from the Anest Property shall be discharged
onto Zale's Woodbridge North property. Zale agrees that the discharge of surface
water and storm water from its Woodbridge North property onto the Anest Property
shall not exceed 0.1 cubic feet per second (CFS) per gross acre.
8. Zale agrees that the discharge of surface water and storm water from its
Woodbridge South property onto the Anest Property shall not exceed 0.1 cubic feet per
second (CFS) per gross acre. Zale shall provide a minimum a 28-acre feet of storm
water storage capability on the Woodbridge South property. The storm water sewer
shall conduit storm water from Woodbridge South property to the natural outlet of the
drainage area at a point west of Randall Road. Zale agrees that all surface water and
storm water discharged from Woodbridge South shall be discharged to and through the
storm sewer to be constructed by Zale located within Easement 2 in the Umdenstock
Road Easement. All field tiles, laterals and feeders which drains onto or towards the
Anest Property, as shown on development plans of Woodbridge South, shall be re-
routed or diverted to drain into the storm sewer system of Woodbridge South.
9. In regard to the proposed subdivision and development of the Anest Property,
Anest agrees to raise the roadway grade up to 3 feet above the existing grade for the
proposed extensions of Umdenstock Road and Hillcrest Drive between the Anest
property and Woodbridge South, as the existing grade is shown on the preliminary
subdivision plans filed for the Anest Property with the City prior to this date.
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10. Zale shall be solely responsible for and shall obtain all necessary permits
and consents from the Illinois Environmental Protection Agency, City of Elgin, FRWRD
and any other municipal body or regulatory agency having jurisdiction over the
construction and installation of the sanitary sewer and storm sewer as herein described.
11. Zale shall be responsible and shall pay all of Anest's costs regarding the
Umdenstock Road Easement or this Agreement, including the review of Zale's plans for
Woodbridge North and Woodbridge South or such successor project(s) and Anest's
costs and expenses for engineering and legal services for the preparation, identification,
review and inspection of the easements and of the sanitary sewer and the storm water
sewer, whether said costs and expenses are incurred before or after the date of this
Agreement.
12. The rights and benefits under this Agreement shall inure to the benefit of
the parties hereto and their respective successors, assigns, grantees and transferees.
The obligations of this Agreement are binding upon the respective assigns, successors
and interest, grantees and transferees of all or part of their respective properties and
interests therein without release of the obligations, duties, and responsibilities of the
parties hereto.
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IC
13. The time is of the essence of this Agreement. No modification or
amendment of this Agreement shall be binding unless in writing and signed by both
parties hereto.
THE ZALE ROUP, INC.
BY: \'ILV1 Thus instrument is executed by the undersigned Land Trustee,not personally but solely as
J Trustee in the a+rerciee of the power end authority conferred upon and vested in it as such
Trustee. It is espy*underetaod and&greed Viet all of the warrantee, indemnities,
repreeanMliocte,asw►rerde,underistings and scams*begin nude on the pert of the
Attest: h. / Trustee seg 4redestAln by it sots*ie tta capacity as Thisbe and net psesoneity.No personal
liability or penes" rasp nsibtay is assureed by er sfeN at any true be asserted or
Secr tary °Mom***aphid the MAW on aaceunt of any VIMIR4i,hxianntgr,representation,
covorxmt,tsedateNns or agreement of the Trustee in this instrument.
AMERICAN NATIONAL BANK & TRUST COMPANY OF CHICAGO,
as Trustee under Trust Agreement dated September 29,
1989 and know as rust o. 109526-04
Anita M., Lutkust
BY:
'UST OFFICER
Attest: Gregory, t5d Kasprzyk
pt „ - ecreta
11"5‘6
Lal
ANE T PETER ANEST
7
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3 U V / 0
CITY OF ELGIN, ILLINOIS
THAT PART OF THE SOUTH HALF OF SECTION 28 , TOWNSHIP 41 NORTH
RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS
FOLLOWS ; COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST
QUARTER OF SAID SECTION 28; THENCE NORTH 89 DEGREES 58 MINUTES 26
SECONDS EAST ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER
1325 . 27 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF SAID
SOUTHWEST QUARTER FOR THE PLACE OF BEGINNING; THENCE SOUTH 00
DEGREES 14 MINUTES 52 SECONDS WEST ALONG THE WEST LINE OF THE
EAST HALF OF SAID SOUTHWEST QUARTER 2111 . 59 FEET TO A POINT 520 . 0
FEET NORTHERLY OF THE SOUTH LINE OF SAID SOUTHWEST QUARTER;
THENCE NORTH 89 DEGREES 42 MINUTES 20 SECONDS EAST PARALLEL WITH
THE SOUTH LINE OF SAID SOUTHWEST QUARTER, 500 . 0 FEET; THENCE
SOUTH 00 DEGREES 14 MINUTES 52 SECONDS WEST PARALLEL WITH THE
WEST LINE OF THE EAST HALF OF SAID SOUTHWEST QUARTER 520 . 0 FEET
TO THE SOUTH LINE OF SAID SOUTHWEST QUARTER; THENCE NORTH 89
DEGREES 42 MINUTES 20 SECONDS EAST ALONG SAID SOUTH LINE 820 . 42
FEET TO THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER, BEING
ALSO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SEC-
TION 28 ; THENCE SOUTH 89 DEGREES 37 MINUTES 57 SECONDS EAST ALONG
THE SOUTH LINE OF SAID SOUTHEAST QUARTER 1320 . 36 FEET TO THE
SOUTHEAST CORNER OF THE WEST HALF OF SAID SOUTHEAST QUARTER;
THENCE NORTH 00 DEGREES 25 MINUTES 24 SECONDS EAST ALONG THE EAST
LINE OF SAID WEST HALF 2629 . 56 FEET TO THE CENTER LINE OF BOWES
ROAD; THENCE NORTHWESTERLY ALONG SAID CENTER LINE, BEING ALONG A
CURVE TO THE LEFT HAVING A RADIUS OF 4092 . 66 FEET, THE CHORD OF
WHICH BEARS NORTH 85 DEGREES 50 MINUTES 35 SECONDS WEST, AN ARC
DISTANCE OF 69 . 87 FEET TO THE NORTH LINE OF SAID SOUTHEAST QUAR-
TER; THENCE SOUTH 89 DEGREES 58 MINUTES 16 SECONDS WEST ALONG THE
NORTH LINE OF SAID SOUTHEAST QUARTER AND ALONG THE NORTH LINE OF
THE SOUTHWEST QUARTER OF SAID SECTION 28 , A DISTANCE OF 2579 . 10
FEET TO THE PLACE OF BEGINNING . ( EXCEPT THE WEST 40 . 0 FEET
THEREOF DEDICATED FOR HIGHWAY PURPOSES ) . CONTAINING 151 . 6725
ACRES IN ELGIN TOWNSHIP, KANE COUNTY, ILLINOIS .
EXHIBIT "A" /a%