HomeMy WebLinkAbout96-1209 Temp Constr. Easement Recorded FILED FOR RECORD
KANE COUNTY. ILL.
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO: 9 6 K 0 9 0 3 8 9 96 DEC 23 PM 3: 45
f, -P,gKE igy: ,
The City of Elgin, Illinois c -(),...1 •::1- t t -6,1-1)
thi 150 Dexter Court 61 l'LCOkDE_
Up Elgin, Illinois 60120
93.v Attn: Erwin W. Jentsch, Esq.
(Space Above Line For Recorder's Use Only)
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
This TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (this
"Agreement") is made as of December j, 1996, by and between MCDLF HOLDING
COMPANY, a California corporation ("Grantor"), and THE CITY OF ELGIN, ILLINOIS,
an Illinois municipal corporation ("Grantee"), with reference to the following facts:
A. Grantor is the owner of certain real property located in the City of Elgin, Illinois,
as more particularly described in Exhibit A-1 attached hereto and shown on the plat attached
hereto as Exhibit A-2 (the "Grantor Property").
B. Grantee is the owner of certain real property located in the City of Elgin, Illinois,
as more particularly described in Exhibit B-1 attached hereto and shown on the plat attached
hereto as Exhibit B-2 (the "Grantee Property").
C. Grantee acquired the Grantee Property from Grantor for the purpose, among
,,,,,
::.;A,'', other things, of constructing on the Grantee Property a public roadway (the "Road") in
-0&10;„!,.;!.04,44):,,, i, p accordance with the specifications set forth in Exhibit C attached hereto.
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Cri :• D. The parties desire to enter into this Agreement to provide for, on the terms and
{, iIt' , conditions hereinafter set forth, a temporary construction easement in favor of Grantee for the
;<k construction of the Road, all on the terms, conditions and provisions more particularly
01:':::u "!`� ' described herein.
i4y.
NOW, THEREFORE, in consideration of the promises contained herein and other
good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
Po
r 1. Grant of Temporary Construction Easement.
ri
) a. Grantor hereby grants to Grantee a temporary easement (the "Easement")
o over the portion of the Grantor Property (said portion, the "Easement Area") which is
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within two ten (10) foot wide strips, one immediately adjacent to the east side of the
Grantee Property, and one immediately adjacent to the west side of the Grantee
Property, as such Easement Area is more particularly described in Exhibit D-1 attached
hereto and shown on the plat attached hereto as Exhibit D-2, for the purpose of
constructing the Road and for no other purpose.
b. Upon commencing construction of the Road, Grantee shall diligently
pursue completion thereof, all at its sole cost and expense. Grantee shall cause the
Road to be constructed consistent with the provisions of Exhibit C. Grantor shall not
be deemed to have assumed any liability for the type of materials or manner of
construction of the Road.
c. Grantee shall make all repairs, maintenance, replacements and
improvements and do all work reasonably necessary to use and maintain the Easement
Area in compliance with all applicable laws, regulations and requirements and in good,
safe condition and repair, and shall keep the Easement Area free of rubbish, debris and
Hazardous Materials (hereinafter defined), all at the sole cost and expense of Grantee.
Grantee shall cause all work performed in the Easement Area pursuant to this
Agreement to be performed by contractors licensed under the laws of the State of
Illinois. Grantee shall repair all damage to the Easement Area and any other portion
of the Grantor Property resulting from the exercise of any rights hereunder by Grantee.
2. Defeasance. In the event of the occurrence of any of the following:
a. The Easement Area or any portion thereof held by Grantee shall be used
by Grantee or any of the Grantee Parties in any manner other than as permitted in
Section 1 above; or
b. Grantee shall indicate in writing by formal or informal action Grantee
intent to abandon the Easement.
c. Grantee shall breach, violate or fail to comply with any covenant of
Grantee contained in this Agreement, which failure, breach or violation has not been
cured within thirty (30) days after written notice from Grantor to do so, or if any such
breach, violation or failure cannot be fully cured within such thirty (30) day period,
then upon failure of Grantee to commence such cure within such period and thereafter
to diligently complete such cure to Grantor's reasonable satisfaction (but without
limitation on the rights of Grantor under Section 6 hereof),
then Grantor shall be entitled to specifically enforce the performance of such covenants and
to any other form of equitable or legal relief(including, without limitation, termination of this
Agreement). Notwithstanding any other provision of this Agreement, the Easement granted
hereunder shall automatically expire and be of no further force or effect at 11:59 p.m.
(Chicago, Illinois time) on December 31, 1997.
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3. Upon the'request of Grantor, Grantee shall take all necessary actions and execute
all documents, in recordable form, to memorialize any termination of the Easement, including
the execution and delivery of a quitclaim deed in favor of Grantor within thirty (30) days after
written demand by Grantor.
4. Restoration. Within a reasonable amount of time following the completion of
the construction of the Road, but in any and all events prior to January 1, 1998, Grantee shall,
at Grantee's sole cost and expense, cause the Easement Area to be restored to as near its
condition prior to Grantee's use thereof, for use as agricultural land. Such restoration shall
include, without limitation, (i) removal of all improvements installed or constructed by Grantee
or a Grantee Party (hereinafter defined) in the Easement Area, (ii) grading and compaction of
the Easement Area to the extent Grantee has changed the preexisting topography of the
Easement Area, (iii) restoration of the condition of the soil in the Easement Area to the extent
Grantee has changed the preexisting condition of such soil, and (iv) without limitation on the
provisions of Section 5 hereof, removal and/or abatement, in accordance with applicable local,
state and federal laws, of any Hazardous Materials in the Easement Area.
5. Indemnification. Grantee hereby agrees to protect, defend, indemnify and hold
Grantor and its officers, directors, shareholders and their respective affiliates, representatives,
successors and assigns harmless from and against any and all liabilities, claims, costs, expenses,
charges, demands, suits,judgments, causes of action, losses, costs, damages, injuries, penalties,
enforcement actions, fines, taxes, remedial actions (including, without limitation, any
investigation, removal, and disposal costs and expenses), including, without limitation,
reasonable attorneys' fees, litigation, appellate, arbitration, or administrative proceeding costs,
expert and consultant fees and laboratory costs, whether direct or indirect, known or unknown
(individually and collectively, "Claims") arising out of, connected with or incidental to: (a)
the use of the Easement (including, without limitation, the design, construction, maintenance,
repair or reconstruction of the Road or any other activities conducted or caused to be conducted
within or adjacent to the Easement Area) or the use of the Road by Grantee or any of
Grantee's contractors, materialmen, agents, invitees, or vendors (collectively, the "Grantee
Parties"); (b) any breach of Grantee or any of the Grantee Parties under this Agreement; (c)
any mechanics' or materialmen's liens filed against Grantor Property in connection with work
performed at or material delivered to the Easement Area at the order or request of Grantee or
any of the Grantee's Parties; or (d) the past, present, or future presence or suspected presence
of Hazardous Materials (as hereinafter defined) placed or introduced in, on, under, or about the
Easement Area or any other portion of the Grantor Property or any portion thereof by Grantee
or any of the Grantee's Parties. As used herein, "Hazardous Material(s)" means any
chemical, substance, material, controlled substance, object, condition, waste living organisms
or combination thereof which is or may be hazardous to human health or safety or to the
environment due to his radioactivity, ignitability, corrosivity, reactivity, explosivity, toxicity,
carcinogenicity, mutagenicity, phytotoxicity, infectiousness or other harmful or potentially
harmful properties or effects, including, without limitation, petroleum hydrocarbons and
petroleum products, lead, asbestos, radon, polychlorinated biphenyls (PCBs) and all of those
chemicals, substances, materials, controlled substances, objects, conditions, wastes, living
39153553 96309216 -3 3
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organisms or combinations thereof which are now or become in the future listed, defined or
regulated in any manner by any federal, state or local law based upon, directly or indirectly,
such properties or effects. The provisions of this Section 5 shall survive the termination of the
Easement and/or this Agreement.
6. Grantor's Right to Maintain the Easement Area. Grantor shall have the right,
but not the obligation, to maintain the Easement Area in the manner described herein if, in its
reasonable and good faith opinion, Grantee has failed to maintain the Easement Area as
required hereunder, upon thirty (30) days' prior written notice to Grantee, and provided that
during said 30 day period, Grantee has failed to rectify or commence to rectify (and diligently
pursue thereafter) the deficiencies set forth in such notice. Such notice to Grantee shall specify
with reasonable particularity the failure by Grantee to maintain which has caused Grantor to
give the notice provided herein. If Grantor maintains the Easement Area as permitted hereby,
all sums expended by Grantor which would otherwise be the obligation of Grantee, together
with interest thereon at the maximum rate permitted by the law from the date such sums were
paid by Grantor, shall be payable by Grantee to Grantor upon demand. The provisions of this
Section 6 shall survive the termination of the Easement and/or this Agreement.
7. Insurance.
a. Grantee shall maintain commercial general liability and property damage
insurance with respect to the use of the Easement Area issued by an insurance company
reasonably satisfactory to Grantor in a combined single limit amount of not less than
$1,000,000, which insurance shall name each of Grantor, Westmark Realty Advisors
L.L.C. ("Westmark") and Stout Development Services ("Stout") as additional
insured(s) and shall require at least thirty (30) days' notice to Grantor, Westmark and
Stout prior to cancellation.
b. Without limitation on the foregoing, Grantee shall cause any and all
contractors hired or retained by Grantee in connection with the design and construction
of the Road or otherwise performing any work on, in or about the Easement Area to
maintain at all times adequate workers' compensation and commercial general liability
insurance in connection with all work performed on, in or about the Easement Area.
c. Upon the request of Grantor from time to time, Grantee shall provide
Grantor with a certificate of insurance issued by the insurer evidencing that the
insurance required under this Section 7 is in effect. If Grantee fails to maintain the
insurance required hereby, Grantor may maintain such insurance and if Grantor does
so, Grantee shall reimburse Grantor for the premiums paid by Grantor for such
insurance, together with interest at the maximum legal rate from the date of payment
of such premiums by Grantor, upon demand.
d. The provisions of this Section 7 shall survive the termination of the
Easement and/or this Agreement.
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8. Covenants Run With Land. The Easement and the other covenants of Grantor
hereunder shall operate as covenants running with the land, and shall be appurtenant to the
Grantee Property and shall encumber the Grantor Property, for the benefit of the Grantee
Property. The covenants of Grantee hereunder shall operate as covenants running with the
land, and shall be appurtenant to the Grantor Property and shall encumber the Grantee
Property, for the benefit of the Grantor Property. Subject to the foregoing, this Agreement
shall inure to the benefit of, and be binding upon, Grantor and Grantee and their respective
successors in interest to the Grantor Property and the Grantee Property, respectively.
9. No Public Dedication. Nothing contained in this Agreement shall be deemed
to be a gift or dedication of any portion of Grantor Property to the general public or for any
purpose whatsoever, it being the intention of the parties hereto that this Agreement be for the
exclusive benefit of Grantor and Grantee and their respective successors, assigns, lessees,
sublessees, grantees, vendees, and licensees. Nothing herein contained, express or implied,
shall confer upon any other person any rights or remedies under or by reason of this
Agreement.
10. Grantor's Use. Grantor may build, erect, construct, or otherwise place any
buildings, structures, or other improvements, whether permanent or temporary (collectively,
"Grantor Improvements"), on any part of the Easement Area, provided, however, that such
Grantor Improvements shall, at all times: (i) in no event affect or otherwise interfere with the
Easement granted herein, and (ii) comply with all other terms and conditions set forth in this
Agreement and Exhibit C; provided further, that Grantor hereby reserves to itself, its successors
and assigns, the right to grant other easements over, upon, along, through, across, above, and
under the Easement Area so long as such other easements do not damage, destroy, or otherwise
harm the Easement Area or prohibit or prevent any of the purposes of the Easement or restrict
or adversely impair the ability of Grantee to fulfill any of the purposes of the Easement.
Furthermore, Grantor shall not take or permit to be taken any action on the Grantor Property
that would adversely affect the use of the Easement Area as provided in this Agreement.
11. Waiver. Neither a waiver by Grantor of a breach of any of the covenants of
Grantee nor a delay or failure to enforce any of the covenants of Grantee or to exercise the
power of termination upon the occurrence of a condition subsequent hereunder shall (i) be
construed to be a waiver of any earlier or later breach or occurrence of the same or any other
covenant or the condition, or (ii) be implied from any inaction or omission by Grantor to take
any action on account of such breach, failure or occurrence. No express waiver shall affect
a breach, failure or occurrence other than as specified in said waiver. Grantor's consent to or
approval of any act by Grantee requiring Grantor's consent or approval shall not be deemed
to waive or render unnecessary Grantor's consent or approval to or of any subsequent similar
acts by Grantee. Grantor shall not be liable for any damage, loss or prejudice suffered or
claimed by Grantee or any licensee or other occupant or user of the Easement Area on account
of Grantor's exercise or failure to exercise its rights under this Agreement.
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12. Notices. All notices required or permitted hereunder shall be in writing and shall
be served on the parties at the following address:
If to Grantor: MCDLF Holding Company
c/o Westmark Realty Advisors L.L.C.
865 South Figueroa Street
Suite 3500
Los Angeles, California 90017-2543
Attention: Richard R. Liebermann
Telephone: (213) 683-4200
Telecopy: (213) 683-4201
With copies to: Westmark Realty Advisors L.L.C.
865 South Figueroa Street
Suite 3500
Los Angeles, California 90017-2543
Attention: Kevin A. Corbett, Esq.
Telephone: (213) 683-4200
Telecopy: (213) 683-4201
and: Mayer Brown & Platt
350 South Grand Avenue
25th Floor
Los Angeles, California 90071-1503
Attention: Todd Evan Stark, Esq.
Telephone: (213) 229-9500
Telecopy: (213) 625-0248
If to Grantee: City of Elgin
150 Dexter Court
Elgin, Illinois 60120
Attention: City Manager
Telephone: (847) 931-5590
Telecopy: (847) 931-5610
With a copy to: Erwin W. Jentsch, Esq.
Corporation Counsel
City of Elgin
150 Dexter Court
Elgin, Illinois 60120
Telephone: (847) 931-5657
Telecopy: (847) 931-5665
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Any such notices shall be either (a) sent by certified mail, return receipt requested, in
which case such notice shall be deemed delivered on the date of delivery set forth on the return
receipt, (b) sent by overnight delivery using a nationally recognized overnight courier regularly
providing proof of delivery, in which case such notice shall be deemed delivered on the date
indicated on such courier's proof of delivery (whether actual delivery was accepted or refused),
(c) sent by telecopy, in which case such notice shall be deemed delivered upon confirmed
transmission of such notice, or (d) sent by personal delivery, in which case such notice shall
be deemed delivered upon the date sworn to by the person making such delivery, whether
delivery was accepted or refused by the addressee. The above addresses may be changed by
written notice to the other party in accordance with the provisions of this Section.
13. Further Assurances. Grantor and Grantee, on behalf of themselves and their
respective successors and assigns, hereby agree that they shall execute such further documents
or instruments and/or take such additional actions as may be necessary or appropriate to
accomplish or further the purposes of this Agreement.
14. Injunctive Relief and Damages. In the event of any breach or threatened
breach of any provision of this Agreement, any party may prosecute any proceedings at law
or in equity to enjoin such breach or threatened breach and to recover damages for any such
breach.
15. Attorneys' Fees. If any action or proceeding is brought by a party against
another party hereto, relating to or arising out of this Agreement, the transaction described
herein or the enforcement hereof (including, without limitation, any and all appellate
proceedings or proceedings in bankruptcy), the prevailing party shall be entitled to recover
from the other party reasonable attorneys' fees, costs and expenses incurred in connection with
the prosecution or defense of such action. For purposes of this Agreement, the term
"attorneys' fees" or "attorneys' fees and costs" shall mean the fees and expenses of counsel
to the parties hereto, which may include printing, photostating, duplicating and other expenses,
air freight charges, and fees billed for law clerks, paralegals and other persons not admitted to
the bar but performing services under the supervision of an attorney, and the costs and fees
incurred in connection with the enforcement or collection of any judgment obtained in any such
proceeding. The provisions of this Section 15 shall survive the termination of the Easement
and/or this Agreement, and furthermore, shall survive the entry of any judgment, and shall not
merge, or be deemed to have merged, into any judgment.
16. Time of Essence. Time is of the essence of this Agreement.
17. Governing Law. This Agreement shall be construed and enforced in accordance
with the laws of the State of Illinois.
18. Counterparts/Delivery. This Agreement may be executed in two or more
duplicate counterparts, each of which shall be deemed an original, but all of which together
shall constitute one and the same agreement.
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19. Captions. Headings of paragraphs are for convenience of reference only and
shall not be construed as part of this Agreement.
20. Entire Agreement. This Agreement embodies the entire agreement between the
parties relating to the Easement and supersedes all prior agreements and understandings
between the parties relating to the Easement. This Agreement may be amended or
supplemented only by an instrument in writing executed by the party against whom
enforcement is sought.
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of
the date first set forth above.
GRANTOR: MCDLF HOLDIN COMPANY,
a Califo . I orpora on
By:
.
11,.
Its Au orized S' natory
rix_
By: L .
Its uthorized Signatory
Attest:
By: ' %�
Its: A ti 11/A&
GRANTEE: THE CITY OF ELGIN, ILLINOIS,
an Illinois munic. al corporation
By: - 7-e..-/-
Mayor
Attest:
By: ce-194-1,,,,,,,e
City Clerk
39153553 96309216 -8
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES }
On December 9, 1996 before me, Shari Polzer, Notary Public, personally appeared Michael Gray
and Kevin A. Corbett, personally know to me to be the persons whose names are subscribed to the
within instrument and acknowledged to me that they executed the same in their authorized
capacity, and that by their signatures on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument.
Witness my hand and official seal.
T-Akt, SHARI POIZER
Notory
COMM.•1062CaOfo587 rrdo P d J
Pubpc—
$ ( 1onExP&ssMAR&1cc9I
Commission Expires: March 5, 1999
Description of Attached Document
Title or Type of Document: Temporary Construction Easement Agreement
Document Date: December 9, 1996
Signer(s) Other Than Named Above: None
Capacitylies) Claimed by Signer(s)
Signer's Name: Michael Gray Signers Name: Kevin A. Corbett
Its: Authorized Signatory Its: Authorized Signatory
Signer is Representing: Signer is Representing:
MCDLF HOLDING COMPANY MCDLF HOLDING COMPANY
9699L389
STATE OF CALIFORNIA )
) SS.
COUNTY OF )
On , 1996, before me, , a .tary Public, personally
appeared and , personally known to
me (or proved to me on the basis of satisfactory evidence) to b= he persons whose names are
subscribed to the within instrument and acknowledged to ►- that they executed the same in
their authorized capacities, and that by their signatures . the instrument the persons, or the
entity upon behalf of which the persons acted, exec -d the instrument.
WITNESS my hand and official seal.
Notary Public [SEAL]
39153553 963092167 /1
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96K090309
STATE OF ILLINOIS )
) SS.
COUNTY OF Ito )
I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY
CERTIFY, that kreftei ' '.A•fl , personally known to me to be the
1 ' A 11 01L, of The City of Elgin, Illinois, an Illinois municipal corporation,
and 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 as such
moot , he signed and delivered the said instrument of said municipal
corporation, and caused the corporate seal of said municipal corporation to be affixed thereto,
pursuant to authority, given by the C/ty CO i*fl., of said
municipal corporation as their free and voluntary act, and as the free and voluntary act and
deed of said municipal corporation, for the uses and purposes therein set forth.
Given under my hand and official seal this2f"day of b11.4.2bAklicAir 1996.
IMPRESS NOTARIAL
SEAL HERE
UNCIAL SEAL'
Man At Cagby \ijivv%A.•
Notary Publiejkab @MII Notary Public
MyCammisdcnExpire,SB?J97
39153553 96309216 1 n
96KOg038
EXHIBIT A-1
DESCRIPTION OF GRANTOR PROPERTY
That part of the South Half of the Northeast Quarter, and that part of the
Southeast Quarter of the Northwest Quarter, in Section 30, Township 42 North, Range 8
East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois, described
as follows:
Beginning at the Southwest corner of the Northeast Quarter of said Section 30;
thence Easterly, 169.86 feet on an assumed bearing of North 89 degrees 41 minutes 14
seconds East along the South line of the Northeast Quarter of said Section 30; thence North 0
degrees 00 minutes 00 seconds East, 533.21 feet; thence Northerly, 347.14 feet along a
tangential curve concave to the West, radius 967.00 feet, central angle 20 degrees 34 minutes
06 seconds; thence North 20 degrees 34 minutes 06 seconds West, 148.77 feet along tangent;
thence Northerly, 320.39 feet along a tangential curve concave to the East, radius 1,533.00
feet, central angle 11 degrees 58 minutes 28 seconds to the North line of the Southeast
Quarter of the Northwest Quarter of said Section 30; thence South 89 degrees 38 minutes 18
seconds West, 1,288.97 feet along said North line to the West line of the Southeast Quarter
of the Northwest Quarter of said Section 30; thence South 0 degrees 24 minutes 40 seconds
West, 1,321.78 feet along said West line to the South line of the Northwest Quarter of said
Section 30; thence North 89 degrees 41 minutes 14 seconds East, 1,323.01 feet along said
South line to the Point of Beginning.
AND
That part of the South Half of the Northeast Quarter, in Section 30, Township
42 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County,
Illinois, described as follows:
Commencing at the Southwest corner of the Northeast Quarter of said Section
30, thence Easterly, 235.86 feet on an assumed bearing of North 89 degrees 41 minutes 14
seconds East along the South line of the Northeast Quarter of said Section 30 for the Point of
Beginning; thence North 0 degrees 00 minutes 00 seconds East, 532.85 feet; thence
Northerly, 370.83 feet along a tangential curve concave to the West, radius 1,033.00 feet,
central angle 20 degrees 34 minutes 06 seconds; thence North 20 degrees 34 minutes 06
seconds West, 148.77 feet along tangent; thence Northerly, 297.04 feet along a tangential
curve concave to the East, radius 1,467.00 feet, central angle 11 degrees 36 minutes 05
seconds to the North line of the South Half of the Northeast Quarter of said Section 30;
thence North 89 degrees 38 minutes 18 seconds East, 2,615.28 feet along said North line to
the East line of the Northeast Quarter of said Section 30; thence South 0 degrees 22 minutes
33 seconds West, 1,325.15 feet along said East line to the South line of the Northeast
Quarter of said Section 30; thence South 89 degrees 41 minutes 14 seconds West, 2,412.87
feet along said South line to the Point of Beginning.
ef,
39153553 96309216 / I
96 K 090389
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EXHIBIT B-1
DESCRIPTION OF GRANTEE PROPERTY
A strip of land 66.00 feet wide on that part of the South Half of the North
Half of Section 30. Township 42 North, Range 8 East of the Third Principal Meridian,
Kane County, Illinois, lying 33.00 feet on each side of the following described line.
Commencing at the Southwest corner of the Northeast Quarter of said Section
30; thence Easterly, 202.86 feet on an assumed bearing of North 89 degrees 41 minutes 14
seconds East along the South line of said Northeast Quarter for the Point of Beginning;
thence North 0 degrees 00 minutes 00 seconds East, 533.03 feet; thence Northerly, 358.99
feet along a tangential curve concave to the West, radius 1,000.00 feet, central angle 20
degrees 34 minutes 06 seconds; thence North 20 degrees 34 minutes 06 seconds West 148.77
feet along tangent; thence Northerly, 308.72 feet along a tangential curve concave to the East
radius 1,500.00 feet, central angle 11 degrees 47 minutes 32 seconds to a point on the North
line of the South Half of the Northwest Quarter of said Section 30, that is 440 feet West of
as measured along said North line, from the Northeast corner of said South Half of the
Northwest Quarter, and the termination of said line and 66.00 foot wide strip of land.
39153553 96309216
96K090389
• •• ALTA/ACSM LAND TITLE SURVEY
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EXHIBIT C
SPECIFICATIONS FOR ROAD
1. The Road shall include an asphalt roadway having a total width of 36 feet face of curb
to face of curb, B-6-18 curb and gutter, storm sewer as necessary to convey storm
drainage across the Road and the installation of a street light system. The minimum
asphalt pavement will consist of a four inch aggregate base, six inch bituminous base,
1.5 inch asphalt binder course and 1.5 inch asphalt surface course'and will have a
structural number no less than 4.5 using Illinois Department of transportation design
standards. Further, Grantee covenants and represents that it shall design and construct
the Road through the Grantee Property with the proposed center profile plus or minus
6 inches and with a slope plus or minus two percent (2%).
2. All costs of the design and construction of the Road will be at the sole cost and expense
of Grantee.
3. Prior to commencement of construction of the Road, Grantee agrees to submit to
Grantor the engineering plans for the subject Road for review and comment by Grantor.
The failure by Grantor to object to or otherwise criticize the engineering plan shall not
in any way constitute an acquiescence by Grantor or a waiver of any of its rights in the
event of a breach by Grantee of its covenants and obligations hereunder.
4. Grantee agrees to diligently proceed with the design and construction of the subject
Road and shall endeavor to provide vehicular access over the Road by the end of the
1996 construction season and to complete the construction of the entire Road as
described herein by November 1, 1997.
5. Grantee covenants, represents and warrants to Grantor that: (i) Neither Grantor nor
their successors or assigns shall at any time be required to reimburse, repay or
otherwise compensate Grantee with regard to the costs incurred by it in connection with
the design or construction of the Road or for the use of said Road, whether by way of
recapture fees, assessments or otherwise; and (ii) Grantor and its invitees, licensees,
lessees, grantees, successors and assigns shall have the free and unrestricted right to the
non-exclusive use of the Road for access ingress and egress to and from the Grantor
Property to adjacent public rights-of-way; it being understood, however, that so-called
"curb-cuts" sought to be installed in the Road by Grantor or its successors in connection
with the development of the Grantor Property shall be subject to Grantee's standard
design ordinances governing such curb-cuts.
39153553 96309216 C-1
/(
96K090309
EXHIBIT D-1
DESCRIPTION OF EASEMENT AREA
A strip of land 10.00 feet wide on part of the South Half of the Northeast Quarter of
Section 30, Township 42 North, Range 8 East of the Third Principal Meridian, Kane
County, Illinois, the Westerly line of which is parallel and concentric with and 33.00 feet
Easterly of the following described line:
Commencing at the Southwest corner of the Northeast Quarter of said Section 30;
thence Easterly, 202.86 feet on an assumed bearing of North 89 degrees 41 minutes 14
seconds East along the South line of said Northeast Quarter for the Point of Beginning;
thence North 0 degrees 00 minutes 00 seconds East, 533.03 feet; thence Northerly, 358.99
feet along a tangential curve concave to the West, radius 1,000.00 feet, central angle 20
degrees 34 minutes 06 seconds; thence North 20 degrees 34 minutes 06 seconds West,
148.77 feet along tangent; thence Northerly, 308.72 feet along a tangential curve concave to
the East, radius 1,500.00 feet, central angle 11 degrees 47 minutes 32 seconds to a point on
the North line of the South Half of the Northwest Quarter of said Section 30, that is 4.40
feet West of, as measured along said North line, from the Northeast corner of said South
Half of the Northwest Quarter, and the termination of said line and 10.00-foot-wide strip of
land.
AND
A strip of land 10.00 feet wide on part of the South Half of the North Half of Section
30, Township 42 North, Range 8 East of the Third Principal Meridian, Kane County,
Illinois, the Easterly line of which is parallel and concentric with and 33.00 feet Westerly of
the following described line:
Commencing at the Southwest corner of the Northeast Quarter of said Section 30;
thence Easterly, 202.86 feet on an assumed bearing of North 89 degrees 41 minutes 14
seconds East along the South line of said Northeast Quarter for the Point of Beginning;
thence North 0 degrees 00 minutes 00 seconds East, 533.03 feet; thence Northerly, 358.99
feet along a tangential curve concave to the West, radius 1,000.00 feet, central angle 20
degrees 34 minutes 06 seconds; thence North 20 degrees 34 minutes 06 seconds West,
148.77 feet along tangent; thence Northerly, 308.72 feet along a tangential curve concave to
the East, radius 1,500.00 feet, central angle 11 degrees 47 minutes 32 seconds to a point on
the North line of the South Half of the Northwest Quarter of said Section 30, that is 4.40
feet West of, as measured along said North line, from the Northeast corner of said South
Half of the Northwest Quarter, and the termination of said line and 10.00-foot-wide strip of
land.
39153553 96309216
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6 09 0 3 3 u EXHIBIT D-2
. • 'FILED FOR RECORD
KANE COI)NTY. ILL.
96K090389 96 DEC 23 PM 3: t5
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