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HomeMy WebLinkAbout96-116 Recorded Resolution No. 96-116 RESOLUTION ACCEPTING A GRANT OF EASEMENT FOR WATER MAIN PURPOSES (Knowles Electronics, Inc. ) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Kevin Kelly, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute and accept a Grant of Easement on behalf of the City of Elgin with Knowles Electronics, Inc . for the construction and maintenance of a water line for the property legally described as follows : Permanent Easement A strip of land 20 . 00 feet wide on that part of the West Half of Section 4 , Township 41 North, Range 8 East of the Third Principal Meridian, Kane County, Illinois, lying 10 . 00 feet on each side of the following described line: Commencing at the Southwest corner of the Southwest Quarter of the Southeast Quarter of Section 31, Township 42 North, Range 8 East of the Third Principal Meridian; thence Northerly, 149 . 07 feet on an assumed bearing of North 0 degrees 18 minutes 17 seconds East along the East line of said Southwest Quarter of the Southeast Quarter; thence South 57 degrees 58 minutes 31 seconds East, 939 . 06 feet; thence South 32 degrees 01 minute 30 seconds West, 60 . 00 feet to the center line of Big Timber Road and the Point of Beginning; thence South 32 degrees 01 minute 30 seconds West, 56 . 00 feet; thence South 57 degrees 58 minutes 31 seconds East, 524 . 86 feet; thence South 27 degrees 13 minutes 35 seconds East, 77 . 71 feet; thence South 3 degrees 22 minutes 39 seconds West, 22 . 61 feet; thence South 50 degrees 49 minutes 33 seconds East, 19 . 71 feet to the West right-of-way line of Randall Road and the termination of said line and 20 . 00 foot wide strip of land. Said parcel contains 0 . 322 acre, more or less . Temporary Construction Easement A strip of land 30 . 00 feet on that part of the West Half of Section 4, Township 41 North, Range 8 East of the Third Principal Meridian, Kane County, Illinois, lying 15 . 00 feet on each side of the following described line: Commencing at the Southeast corner of the Southwest Quarter of the Southeast Quarter of Section 31, Township 42 North, Range 8 East of the Third Principal Meridian; thence Northerly, 149 . 07 feet on an assumed bearing of North 0 degrees 18 minutes 17 seconds East along the East line of said Southwest Quarter of the Southeast Quarter; thence South 57 degrees 58 minutes 31 seconds East, 939 . 06 feet; thence South 32 degrees 01 minute 30 Seconds West, 93 . 00 feet to the South right-of-way line of Big Timber Road; thence North 57 degrees 58 minutes 31 seconds West, 25 . 00 feet along said right-of-way line for the Point of Beginning; thence South 32 degrees 01 minutes 30 seconds West, 48 . 00 feet; thence South 57 degrees 58 minutes 31 seconds East, 542 . 98 feet; thence South 27 degrees 13 minutes 35 seconds East, 63 . 99 feet; thence South 3 degrees 22 minutes 39 seconds West, 28 . 56 feet; thence South 50 degrees 49 minutes 33 seconds East, 50 . 40 feet to the West right-of-way line of Randall Road and the termination of said line and 30 . 00 foot wide strip of land. Said parcel contains 0 . 505 acre, more or less . BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the Grant of Easement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois . s/ Kevin Kelly Kevin Kelly, Mayor Presented: April 24 , 1996 Adopted: April 24, 1996 Omnibus Vote: Yeas 7 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk d . FILED FOR RECO --9-6K035067 96 N :v c3 4: is G RECORDER I`3LEO FOR RECORD MANE COUNTY, ILL. 96K042 193 96JUN 1 1 41111: 15 4fra.,-;;21. RECORDER GRANT OF EASEMENT FROM KNOWLES ELECTRONICS, INC. TO CITY OF ELGIN io a- After recording return to: Dolonna Mecum Elgin City Clerk 0,./6/ 150 Dexter Court '° 00 of Elgin, IL 60120 1; I/1 6r 6K0tf2I93 • r A ' i . GRANT OF EASEMENT THIS INDENTURE, made and entered into this As- TE-/ day of 4 p 2 ,‘L , 1996 , by and between Knowles Electronics, Inc. , a Delaware Corporation, hereinafter referred to as "grantor" , and the CITY OF ELGIN, a municipal corporation, hereinafter referred to as "City" , Witnesseth: That in and for the consideration of Fifteen Thousand Six Hundred Dollars ( $15, 600) and other good and valuable consideration the sufficiency of which is hereby acknowledged, Grantor does hereby grant and convey to the City a permanent and exclusive easement for the construction and maintenance of a water line in, upon, over and under the following described real property in the County of Kane, State of Illinois, more particularly described as : PERMANENT WATER MAIN EASEMENT A strip of land 20 . 00 feet wide on that part of the West Half of Section 4 , Township 41 North, Range 8 East of the Third Principal Meridian, Kane County, Illinois, lying 10 . 00 feet on each side of the following described line: Commencing at the Southwest corner of the Southwest Quarter of the Southeast Quarter of Section 31, Township 42 North, Range 8 East of the Third Principal Meridian; thence North- erly, 149 . 07 feet on an assumed bearing of North 0 degrees 18 minutes 17 seconds East along the East line of said Southwest Quarter of the Southeast Quarter; thence South 57 degrees 58 minutes 31 seconds East, 939 . 06 feet; thence South 32 degrees 01 minute 30 seconds West, 60 . 00 feet to the center line of Big Timber Road and the Point of Begin- ning; thence South 32 degrees 01 minute 30 seconds West, 56 . 00 feet; thence South 57 degrees 58 minutes 31 seconds East, 524 . 86 feet; thence South 27 degrees 13 minutes 35 seconds East, 77 . 71 feet; thence South 3 degrees 22 minutes 39 seconds West, 22 . 61 feet; thence South 50 degrees 49 minutes 33 seconds East, 19 . 71 feet to the West right-of-way line of Randall Road and the termination of said line and 20 . 00 foot wide strip of land. Said parcel contains 0 . 322 acre, more or less . FURTHER, Grantor does hereby grant and convey to the City a temporary construction easement in, upon and over the following described real property in the County of Kane, State of Illinois, more particularly described as : `y; 91-c0L42I93 4 . • TEMPORARY CONSTRUCTION EASEMENT A strip of land 30 . 00 feet on that part of the West Half of Section 4, Township 41 North, Range 8 East of the Third Principal Meridian, Kane County, Illinois, lying 15 . 00 feet on each side of the following described line: Commencing at the Southeast corner of the Southwest Quarter of the Southeast Quarter of Section 31, Township 42 North, Range 8 East of the Third Principal Meridian; thence North- erly, 149 . 07 feet on an assumed bearing of North 0 degrees 18 minutes 17 seconds East along the East line of said Southwest Quarter of the Southeast Quarter; thence South 57 degrees 58 minutes 31 seconds East, 939 . 06 feet; thence South 32 degrees 01 minute 30 Seconds West, 93 . 00 feet to the South right-of-way line of Big Timber Road; thence North 57 degrees 58 minutes 31 seconds West, 25 . 00 feet along said right-of-way line for the Point of Beginning; thence South 32 degrees 01 minutes 30 seconds West, 48 . 00 feet; thence South 57 degrees 58 minutes 31 seconds East, 542 . 98 feet; thence South 27 degrees 13 minutes 35 seconds East, 63 . 99 feet; thence South 3 degrees 22 minutes 39 seconds West, 28 . 56 feet; thence South 50 degrees 49 minutes 33 seconds East, 50 .40 feet to the West right-of-way line of Randall Road and the termination of said line and 30 . 00 foot wide strip of land. Said parcel contains 0 . 505 acre, more or less . This grant of easement is executed, delivered and is granted upon the following conditions : 1 . Said temporary construction easement shall expire 12 months following the beginning of construction. 2 . The Grantor shall not erect any permanent structure on the permanent and exclusive easement described herein, provided, however, the Grantor has the right to construct a road across the easement and the right to place landscaping upon the easement. The City shall replace or repair any such pavement or landscaping damaged by City to repair or main- tain the water main. 3 . The City agrees to indemnify the Grantor for any damages to the property within the easement of any claims arising directly as a result of the City' s work upon the easement either during construction of the water main or during maintenance or repair of the water main. 4 . The City shall install at the time of the original construc- tion of the subject water line, at its expense, a tap on valve(s) to provide service to grantor' s property. 3 occ no I. 93 The terms and conditions of this permanent and temporary easement shall be binding upon the Grantors and the City, and upon their heirs executors, successors and assigns . BY: Vie • � 1 Knowles Electro ics, Inc. c).) BY: CCy._-_ Kevin e�lly Attest: 143t4-14........41„ /1.-C.c.A.A.A.s.-- Delonna Mecum, City Clerk 6 0442 193 w STATE OF ILLINOIS ) COUNTY OF KANE I , the undersigned, a Notary Public, in and for/ said County, in the State -afore id, DO HEREBY CERTIFY THAT ��r9k0 /0E'm,/ • - R0Rm/d " ws C , personally known to me to be the same persons whose names are subscribed to the foregoing instru- ment, appeared before me this day in person, and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act, for the uses and purposes therein set forth. Given under my hand and official seal, this j�5/(1 day of , 1996 . Notary Public OFFICIA K Sp ELER SANOR ILLINOIS 8198 NOTARY PUBLIC.STATE OF MY COMMISS4ON EXPtREg'06/1 This document prepared by: Raymond Moller City Property Director City of Elgin 150 Dexter Court Elgin, IL 60120 9S 035967, jht 42193 . ,r \ f , r \ ;e 0 ;r• ' r \ \.: \\ T. \ -) \\ \ .�\\ C� \ \ J• ao.ar. N4o \ w S00 S , r J0 C 7.; 4bl \,\\% e4,,„ . cb ;)p, p, f w r� \ \ 4. ,SM44,, \ \ \\\ \ 4, \c \ \TA\ \ ‘-t'stc•1'31 X \ \ \\\ t c CCy:4o Jp \ \ ,P 4 .. Sli4 III' \ + va cc SMf^: \ \ \\ Z \ fir" .. \ \ k"1. \ h�N'm.. \ Q J; \ \\\ \\ \'r'. ZN \ p. etTe 4GHf ) M 1 �` AI Sf''yFryr'i' rn \' ►1w 11 1 \ i G0 azZ �S 4m So QQp p: o6. 1oSJA?, f n e r Q Jg. • w Q S ' 4,?J9, `J�QJ AR, SC fOi9. SJC �G'\((' .C-. C• JJ•e. \ ` �9 Jr.t9JJ. \ QJ 3‘ • c�44 — 30c _ oL/ /e:oc✓/e.ss "c_ N Chicago Title Insurance Company 113 SOUTH THIRD STREET, GENEVA, IL 60134 REFER INQUIRIES TO: (708)232-2750 COMMITMENT FOR TITLE INSURANCE CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified m Schedule A,in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor, all subject to the provisions of Schedules A and B and to the Conditions and Stipulations which are hereby incorporated by reference and are made a part of the Commitment. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the-time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for such shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This commitment shall not be valid or binding until signed by an authorized signatory. CHICAGO TITLE INSURANCE COMPANY 12‘114-1\A -')114-i"..4.*****(r Authorized Signatory Providing Tide Related Services Since 1847 • CHICAGO TITLE INSURANCE COMPANY RESIDENTIAL COMMITMENT FOR TITLE INSURANCE SCHEDULE A YOUR REFERENCE: BIG TIMBER WATER MAIN PROJECT ORDER NO. : 1410 000417765 KA EFFECTIVE DATE: JUNE 20, 1994 1. POLICY OR POLICIES TO BE ISSUED: OWNER'S POLICY: ALTA OWNERS 1992 AMOUNT: $10,000.00 PROPOSED INSURED: THE CITY OF ELGIN, A MUNICIPAL CORPORATION 2. THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN THIS COMMITMENT AND COVERED HEREIN IS A FEE SIMPLE UNLESS OTHERWISE NOTED. 3. TITLE TO SAID ESTATE OR INTEREST IN SAID LAND IS AT THE EFFECTIVE DATE VESTED IN: KNOWLES ELECTRONICS, INC. , A DELAWARE CORPORATION 4. MORTGAGE OR TRUST DEED TO BE INSURED: NONE CHICAGO TITLE INSURANCE COMPANY RESIDENTIAL COMMITI IENT FOR TITLE INSURANCE SCHEDULE A (CONTINUED) ORDER NO. : 1410 000417765 KA 5. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS: • THAT PART OF THE WEST 1/2 OF SECTION 4, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN AND PART OF THE SOUTH EAST 1/4 OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED BY COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 4; THENCE NORTHEASTERLY TO A POINT ON THE NORTH LINE OF SAID SECTION THAT IS 133 .98 FEET WEST OF THE CENTER LINE OF BIG TIMBER ROAD (MEASURED ALONG SAID NORTH LINE) ; THENCE CONTINUING NORTHEASTERLY ALONG THE PROLONGATION OF THE LAST DESCRIBED COURSE TO A POINT ON THE CENTER LINE OF SAID BIG TIMBER ROAD FOR THE POINT OF BEGINNING; THENCE SOUTHWESTERLY ALONG THE LAST DESCRIBED COURSE 812 .58 FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST 1/4; THENCE SOUTH ALONG THE WEST LINE OF SAID QUARTER 1810.65 FEET TO THE NORTHERLY LINE OF THE RIGHT OF WAY OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY; THENCE EASTERLY ALONG SAID NORTHEASTERLY LINE TO THE SOUTHWEST CORNER OF THE PREMISES DESCRIBED IN WARRANTY DEED TO THE CHICAGO AND PACIFIC RAILROAD COMPANY RECORDED JUNE 26, 1895, IN BOOK 347 AT PAGE 400 AS DOCUMENT 18895; THENCE NORTH 66.0 FEET TO THE NORTHWEST CORNER OF SAID PREMISES; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID PREMISES 495.38 FEET TO THE CENTER LINE OF RANDALL ROAD; THENCE NORTHERLY ALONG THE CENTER LINE OF SAID RANDALL ROAD 1905 .47 FEET TO THE CENTER LINE OF SAID BIG TIMBER ROAD; THENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID BIG TIMBER ROAD 1525 .76 FEET TO THE POINT OF BEGINNING, (EXCEPT THAT PART CONVEYED TO COUNTY OF KANE BY QUIT CLAIM DEED RECORDED JUNE 29, 1978 AS DOCUMENT 1463684) , IN THE TOWNSHIPS OF ELGIN AND DUNDEE, KANE COUNTY, ILLINOIS • - • CHICAGO TITLE INSURANCE COMPANY RESIDENTIAL COMMITMENT FOR TITLE INSURANCE SCHEDULE B ORDER NO. : 1410 000417765 KA 1 . WE SHOULD BE FURNISHED A PROPERLY EXECUTED ALTA STATEMENT AND, UNLESS THE LAND INSURED IS A CONDOMINIUM UNIT, A SURVEY IF AVAILABLE: MATTERS •DISCLOSED BY THE ABOVE DOCUMENTATION WILL BE SHOWN SPECIFICALLY. • 2. NOTE FOR INFORMATION: THE COVERAGE AFFORDED BY THIS COMMITMENT AND ANY POLICY ISSUED PURSUANT HERETO SHALL NOT COMMENCE PRIOR TO THE DATE ON WHICH ALL CHARGES PROPERLY BILLED BY THE COMPANY HAVE BEEN FULLY PAID. A 3 . TAXES FOR THE YEAR 1993 ARE PAYABLE IN 2 INSTALLMENTS. PERMANENT INDEX NUMBER b6-04-300-021 THE FIRST INSTALLMENT, AMOUNTING TO $205.88 IS PAID. THE SECOND INSTALLMENT, AMOUNTING TO $205.88, IS NOT DELINQUENT BEFORE SEPTEMBER 2, 1994 . TAXES FOR 1994 NOT YET DUE OR PAYABLE. B 4 . TAXES FOR THE YEAR 1993 ARE PAYABLE IN 2 INSTALLMENTS. PERMANENT INDEX NUMBER 06-04-100-007 THE FIRST INSTALLMENT, AMOUNTING TO $1,206.41 IS PAID. THE SECOND INSTALLMENT, AMOUNTING TO $1,206.41, IS NOT DELINQUENT BEFORE SEPTEMBER 2, 1994 . TAXES FOR 1994 NOT YET DUE OR PAYABLE. C 5 . RIGHTS OF THE PUBLIC, THE STATE OF ILLINOIS, COUNTY OF KANE AND THE MUNICIPALITY IN AND TO THAT PART OF THE LAND, IF ANY, TAKEN OR USED FOR ROAD PURPOSES. D 6. RIGHTS OF ADJOINING OWNERS TO THE UNINTERRUPTED FLOW OF ANY STREAM WHICH MAY CROSS THE LAND. £ 7. RIGHTS OF WAY FOR DRAINAGE TILES, DITCHES, FEEDERS AND LATERALS, IF ANY. P 8. RIGHTS OF THE PUBLIC AND OF THE PEOPLE OF THE STATE OF ILLINOIS IN AND TO THAT PART OF LAND DEDICATED FOR PUBLIC HIGHWAY BY DEDICATION DATED JULY 12, 1946 AND RECORDED MARCH 21, 1947 AS DOCUMENT 576569 MADE BY E. E. EKVALL AND VERA H. EKVALL TO PEOPLE OF THE STATE OF ILLINOIS. (AFFECTS PART IN SECTION 4, TOWNSHIP 41 NORTH, RANGE 8) . G 9. RIGHTS OF THE PUBLIC AND OF THE PEOPLE OF THE STATE OF ILLINOIS IN AND TO THAT PART OF LAND DEDICATED FOR PUBLIC HIGHWAY BY DEDICATION DATED MAY 17, 1947 AND RECORDED MAY 31, 1947 AS DOCUMENT 582004, MADE BY B. E. EKVALL AND VERA H. EKVALL TO PEOPLE OF THE STATE OF ILLINOIS. (AFFECTS PART IN SECTION 4, TOWNSHIP 41 NORTH, RANGE 8) . H 10. RIGHTS OF THE PUBLIC AND OF THE PEOPLE OF THE STATE OF ILLINOIS IN AND TO THAT . CHICAGO TITLE INSURANCE COMPANY RESIDENTIAL COMMITMENT FOR TITLE INSURANCE SCHEDULE B (CONTINUED) ORDER NO. : 1410 000417765 KA PART OF LAND DEDICATED FOR PUBLIC HIGHWAY BY DEDICATION DATED MAY 17, 1947 AS DOCUMENT 582005 MADE BY E. E. EKVALL AND VERA H. EKVALL TO PEOPLE OF THE STATE OF ILLINOIS. (AFFECTS PART IN SECTION 4, TOWNSHIP 41 NORTH, RANGE 8) . I 11. RIGHTS OF THE PUBLIC AND OF THE PEOPLE OF THE STATE OF ILLINOIS IN AND TO THAT PART OF LAND DEDICATED FOR PUBLIC HIGHWAY WHICH AFFECTS THE EASTERLY AND WESTERLY LINE THAT PART NORTHERLY AND SOUTHERLY HIGHWAY LYING SOUTHERLY OF CENTER LINE OF EASTERLY AND WESTERLY HIGHWAY AND NORTHERLY OF NORTHERLY LINE OF RAILROAD RIGHT OF WAY (EXCEPT SOUTHERLY 264.8 FEET) BY DEDICATION DATED DECEMBER 22, 1958 AND RECORDED JANUARY 29, 1959 AS DOCUMENT 881261. (AFFECTS PART IN SECTION 4, TOWNSHIP 41 NORTH, RANGE 8) . J 12. RIGHTS OF THE PUBLIC AND OF THE PEOPLE OF THE STATE OF ILLINOIS IN AND TO THAT PART OF LAND DEDICATED FOR PUBLIC HIGHWAY WHICH AFFECTS THE WESTERLY LINE OF SOUTHERLY 264.8 FEET THAT PART NORTHERLY AND SOUTHERLY HIGHWAY LYING NORTHERLY OF NORTHERLY RAILROAD RIGHT OF WAY LINE, BY DEDICATION DATED DECEMBER 22, 1958 AND RECORDED JANUARY 29, 1959 AS DOCUMENT 881264. (AFFECTS PART IN SECTION 4, TOWNSHIP 41 NORTH, RANGE 8) . K 13. GRANT DATED SEPTEMBER 25, 1958 AND RECORDED MARCH 20, 1959 AS DOCUMENT 884906 AND AMENDED AND RE-RECORDED SEPTEMBER 4, 1959 AD899625 OF A PERPETUAL EASEMENT TO CONSTRUCT, MAINTAIN AND REPAIR A PIPE LINE FOR THE TRANSPORTATION OF OIL, GAS, PETROLEUM OR ANY OF ITS PRODUCTS ON, OVER AND ACROSS LAND AS SHOWN ON PLAT ATTACHED TO DOCUMENT 899625, TOGETHER WITH RIGHT OF ACCESS THERETO. L 14 . GRANT MADE BY EDWARD E. EKVALL AND VERA H. EKVALL TO THE ILLINOIS BELL TELEPHONE COMPANY RECORDED SEPTEMBER 13, 1960 AS DOCUMENT 929149 GRANTING THE RIGHT TO INSTALL THE LAND AND OTHER PROPERTY WITH TELEPHONE AND ELECTRIC SERVICE, WITH RIGHT OF ACCESS THERETO IN, UPON, UNDER AND ALONG BIG TIMBER ROAD THROUGH SECTION 4. (AFFECTS PART IN SECTION 4, TOWNSHIP 41 NORTH, RANGE 8) . N 15. RESERVATION OF THE RIGHT TO MAINTAIN DRAINAGE AS THEN OPERATED OVER AND ACROSS THAT PART OF SECTION 4, TOWNSHIP 41 NORTH, RANGE 8 DESCRIBED AS FOLLOWS: : COMMENCING AT A POINT ON THE WEST LINE OF SECTION 4, 820 FEET NORTH OF THE. SOUTHWEST CORNER OF SAID SECTION 4 BEING ALSO ON THE NORTH LINE OF THE RIGHT OF WAY OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILWAY (FORMERLY CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY) , THENCE RUNNING NORTH ON THE SECTION LINE 98 FEET TO SOUTHWEST CORNER OF GRANTEES PREMISES, THENCE EAST ALONG THE SOUTH LINE OF THE GRANTEES LAND 264 FEET THENCE SOUTH 133 FEET TO THE NORTH LINE OF THE RAILWAY RIGHT OF WAY; THENCE WEST ALONG THE NORTH LINE OF SAID RAILWAY RIGHT OF WAY TO THE POINT OF BEGINNING FOR THE USE AND BENEFIT OF THE LANDS LYING NORTH OF THE RAILROAD IN THE EAST ONE-HALF OF THE SOUTH EAST 1/4 OF SECTION 5, TOWNSHIP AND RANGE AFORESAID, CONTAINED IN WARRANTY DEED DATED JUNE 23, 1945 AND RECORDED SEPTEMBER 11, 1945 AS DOCUMENT 535273. (AFFECTS PART IN SECTION 4, TOWNSHIP 41 NORTH, RANGE 8) . - CHICAGO TITLE INSURANCE COMPANY RESIDENTIAL COMMITMENT FOR TITLE INSURANCE SCHEDULE B (CONTINUED) ORDER NO. : 1410 000417765 KA N 16. GRANT FROM KNOWLES ELECTRONICS, INC. TO NORTHERN ILLINOIS GAS COMPANY RECORDED APRIL 9, 1970 AS DOCUMENT 1161813 FOR PIPE LINE PURPOSES THROUGH THE SOUTHWEST 1/4 OF SECTION 4 AS FOLLOWS: A STRIP OF LAND 50.0 FEET WIDE THROUGH PART OF THE SOUTHWEST 1/4 OF SECTION 4, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN; 10 .0 FEET ON THE NORTH SIDE AND 40 .0 FEET OF THE SOUTH SIDE OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHWEST 1/4 SECTION; THENCE SOUTH 105.8 FEET ALONG THE WEST LINE OF SAID SOUTHWEST 1/4 SECTION TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES, 58 MINUTES, 0 SECONDS EAST 207.10 FEET TO A POINT; THENCE SOUTH 82 DEGREES, 57 MINUTES, 30 SECONDS EAST 1515.0 FEET TO A POINT; THENCE NORTH 58 DEGREES, 06 MINUTES, 30 SECONDS EAST 110.7 FEET TO A POINT; THENCE NORTH 50 DEGREES, 18 MINUTES, 30 SECONDS EAST 81.75 FEET TO A POINT; THENCE NORTH 72 DEGREES, 57 MINUTES, 0 SECONDS EAST 45 .8 FEET TO A POINT; THENCE SOUTH 88 DEGREES, 11 MINUTES, 30 SECONDS EAST 641.3 FEET TO A POINT; THENCE SOUTH 84 DEGREES, 08 MINUTES, 10 SECONDS EAST 85 .7 FEET TO A POINT ON THE EAST LINE OF SAID SOUTHWEST 1/4 SECTION. (AFFECTS PART IN SECTION 4, TOWNSHIP 41 NORTH, RANGE 8) . 0 17. BY INSTRUMENT RECORDED MAY 22, 1974 AS DOCUMENT 1298986, THE KANE COUNTY BOARD OF SUPERVISORS HAS DESIGNATED RANDALL ROAD AS A FREEWAY AND HAS LIMITED ACCESS THERETO AS THEREIN PROVIDED. . P 18. GRANT OF EASEMENT DATED MAY 20, 1987 AND RECORDED JUNE 19, 1987 AS DOCUMENT 1848816 AND RERECORDED JULY 23, 1987 AS DOCUMENT 1855889 MADE BY KNOWLES ELECTRONICS, INC. TO THE SANITARY DISTRICT OF ELGIN, GRANTING A PERPETUAL AND PERMANENT EASEMENT FOR THE CONSTRUCTION AND MAINTENANCE OF A SEWER SYSTEM ACROSS A PORTION OF LAND NOTE: THE GRANTOR AGREES TO GIVE THE GRANTEES 80 FOOT CONSTRUCTION EASEMENT. THE 80 FOOT CONSTRUCTION EASEMENT SHALL NOT INCLUDE THE 20 FOOT PERMANENT EASEMENT. Q 19 . AN ORDINANCE ALLOCATING THE COST OF CERTAIN WATER SYSTEM IMPROVEMENTS TO BENEFITTED PROPERTIES (ORDINANCE #TI-81) RECORDED SEPTEMBER 23, 1981 AS DOCUMENT 1588881 BY THE CITY OF ELGIN, WHEREIN PAYMENTS ARE TO BE MADE FOR WATER MAIN HOOK-UPS. R 20. ORDINANCE OF THE CITY OF ELGIN RECORDED JULY 19, 1993 AS DOCUMENT 93K53550 AS TO ALLOCATION OF COST OF SANITARY SEWER IMPROVEMENTS. (AFFECTS THE LAND AND OTHER PROPERTY) S 21. PART OF THE LAND HEREIN RUNNING TO THE SOUTHERLY SIDE OF BIG TIMBER ROAD HAS BEEN ANNEXED TO THE FOX RIVER WATER RECLAMATION DISTRICT BY DOCUMENT 93K64683 RECORDED AUGUST 25, 1993 . THE LAND DESCRIBED IN SAID DOCUMENT PRIMARILY DESCRIBES PROPERTY NORTHERLY OF BIG TIMBER ROAD, BUT THE LEGAL DESCRIPTION STATED ON THE DOCUMENT RUNS TO THE SOUTH LINE OF SAID ROAD WHICH LAND IS PART OF THE PROPERTY IN THIS COMMITMENT. WE NOTE ALSO, THAT A DEED RECORDED JULY 22, 1993 AS DOCUMENT 93K54626 AND RE-RECORDED APRIL 20, 1994 AS DOCUMENT 94K033214 CONVEYING THE LAND NORTHERLY OF BIG TIMBER ALSO INCLUDES THAT PART CHICAGO TITLE INSURANCE COMPANY RESIDENTIAL COMMITMENT FOR TITLE INSURANCE SCHEDULE B (CONTINUED) ORDER NO. : 1410 000417765 KA WHICH IS IN THE ANNEXATION DOCUMENT RUNNING TO THE SOUTHERLY LINE OF BIG TIMBER. RELATIVE THERETO, WE NOTE THE RIGHT, TITLE AND INTEREST OF SHERMAN HEALTH SYSTEMS, AN ILLINOIS NOT-FOR-PROFIT CORPORATION IN AND TO THAT PART OF THE LAND LYING BETWEEN THE SOUTH LINE OF BIG TIMBER ROAD AND ITS CENTER LINE. V 22 . WE SHOULD BE FURNISHED A CERTIFIED COPY OF THE DIRECTORS' RESOLUTIONS AUTHORIZING THE CONVEYANCE OR MORTGAGE TO BE INSURED. SAID RESOLUTIONS SHOULD EVIDENCE THE CORPORATE AUTHORITY OF THE PARTY EXECUTING SAID CONVEYANCE OR MORTGAGE. IF THEY DO NOT, THEN A CERTIFIED COPY OF THE CORPORATE BY-LAWS SHOULD ALSO BE FURNISHED. NOTE: IN THE EVENT THE CONVEYANCE OR MORTGAGE COMPRISES A SALE OR ENCUMBRANCE OF ALL, OR SUBSTANTIALLY ALL, OF THE ASSETS OF THE CORPORATION, WE SHOULD ALSO BE FURNISHED A CERTIFIED COPY OF THE SHAREHOLDERS' MEMBERS RESOLUTION AUTHORIZING SAID CONVEYANCE OR MORTGAGE. THIS COMMITMENT IS SUBJECT TO SUCH FURTHER EXCEPTIONS, IF ANY, AS MAY THEN BE DEEMED NECESSARY AFTER OUR REVIEW OF THESE MATERIALS. T 23 . NOTE: THE LEGAL DFSCRIPTION SHOWN IN SCHEDULE A DESCRIBES EITHER UNSUBDIVIDED LAND OR A PORTION OF SUBDIVIDED LAND. IF ANY CONVEYANCE OF THE LAND IS EXEMPT FROM THE OPERATION OF THE PROVISIONS OF THE PLAT ACT (765 ILCS 205/1 (A) ET SEQ. ) , SUCH DEED MAY NEED TO BE ACCOMPANIED BY A PLAT ACT AFFIDAVIT. IF ANY PROPOSED DEED IS NOT EXEMPT, COMPLIANCE SHOULD BE HAD WITH THE PROVISIONS OF THE PLAT ACT. U 24 . REFER INQUIRIES REGARDING THIS COMMITMENT TO PATRICIA WINN AT GENEVA, KANE COUNTY OFFICE: (708)232-2750. COPIES OF THE COMMITMENT HAVE BEEN SENT TO: HAMPTON LENZINI & RENWICK 380 SHEPARD DRIVE ELGIN, ILLINOIS 60123 DALE TERRY ** END **