The URL can be used to link to this page

Home My WebLink About97-0513 MCDLF Holding Co. Recorded FILED FOR P.ECORD KANE CCUN '(,ILL. { RECORDING REQUESTED BY 97 K 035299 97 .J:s -2 Pm 14: 15 AND WHEN RECORDED MAIL TO: �v The City of Elgin, Illinois re 150 Dexter Court 6Y1 Elgin, Illinois 60120 Attn: Erwin W. Jentsch, Esq. (Space Above Line For Recorder's Use Only) STORM DRAIN DISCHARGE PIPE EASEMENT AGREEMENT This STORM DRAIN DISCHARGE PIPE EASEMENT AGREEMENT (this "Agreement") is made as of May a, 1997, 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 other things, of constructing a public roadway (the "Road") on the Grantee Property. The Road will contain a storm sewer system to handle storm water runoff from the Road (such system, the c��1 "Road Storm Sewer System"), but until the Grantor Property is developed with a storm sewer U113 system, no other storm sewer system exists into which the Road Storm Sewer System can be ZZ connected in order to carry away the storm water runoff from the Road, and accordingly, such runoff must, of necessity, be discharged onto the Grantor Property until the Road Storm Sewer System can be connected to a storm sewer system installed on the Grantor Property, or on the property in the vicinity of the Road and which adjoins the Grantor Property immediately to the north and to the south (such adjoining property, the "Adjoining Property"). 39153549 96309216 -1- / I� :, ist.K03.5299 D. Until the Road Storm Sewer System can be connected with a storm sewer system installed on the Grantor Property or the Adjoining Property providing positive gravity drainage, Grantee desires that Grantor grant to Grantee, and Grantor is willing to grant to Grantee on the terms and conditions hereinafter set forth, an easement over a portion of the Grantor Property which will provide Grantee (as the owner of the Grantee Property) with a nonexclusive right to locate, if reasonably required under sound engineering practices, a discharge pipe leading from the Road Storm Sewer System easterly into the Grantor Property in order to allow the storm water runoff from the Road to be discharged onto the Grantor Property, all as more particularly described herein. 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: 1. Easement. Grantor hereby grants, transfers, and conveys to Grantee a non- exclusive easement (the "Easement") over, upon, along, through, across, above, and under the area more particularly described in Exhibit C-1 attached hereto and shown on the plat attached hereto as Exhibit C-2 (said area, as the same may be relocated pursuant to Section 3 below, being referred to herein as the "Easement Area"), for the following purposes: (i) the installation, operation, flow and passage, use, maintenance, repair, replacement, relocation (within the Easement Area), and removal of a storm sewer discharge pipe (the "Discharge Pipe") connected to the Road Storm Sewer System servicing the Grantee Property, and (ii) ingress and egress onto the Easement Area as may be necessary to fulfill the purpose set forth in clause (i) above. Grantee may use third party contractors, employees, or other agents to perform the obligations of Grantee set forth herein. 2. Maintenance. 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 may use third party contractors, employees, or other agents to perform the obligations of Grantee set forth herein; provided, however, Grantee shall cause all work performed in the Easement Area pursuant to this Agreement to be performed by duly qualified personnel. 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. 3. Relocation. At any time and from time to time prior to the expiration of the Easement as hereinafter provided, Grantor shall have the right to relocate the Easement Area from the area described in Exhibit D to such other area (an "Alternative Location") as Grantor shall designate, provided that (a) any such Alternative Location shall be sufficient to allow the conveyance of storm water from the Road Storm Sewer System, and (b) in the event Grantee shall have commenced construction of the Discharge Pipe at the time Grantor designates an Alternative Location, Grantor shall pay the reasonable costs incurred by Grantee due to such 39153549 96309216 -2- 2 s7K035.299 relocation of the Discharge Pipe from the then existing Easement Area to the Alternative Location, which Grantee would not have otherwise incurred but for such relocation. 4. Defeasance; Restoration. Grantee shall promptly notify Grantor when the Road Storm Sewer System can be connected with the storm sewer system serving the Grantor Property or the Adjoining Property and providing positive gravity drainage. Upon receiving such notification, Grantor may elect to terminate the Easement granted hereunder by delivering a notice of such termination (the "Termination Notice") to Grantee. Upon receiving such notice, Grantee shall immediately cause the Road Storm Sewer System to be connected with the storm sewer system serving either the Grantor Property or the Adjoining Property, as the case may be, and if so requested by Grantor, shall cause the removal of any and all improvements, structures, and equipment constructed, installed or placed on or in the Easement Area by, through or under Grantee, and shall restore the Easement Area to the condition of the Easement Area prior to Grantee's commencement of the use thereof or to such other condition as Grantor may agree in its sole and absolute discretion. Grantee's rights in and to the Easement granted hereunder shall terminate and be of no further force or effect upon the recordation of a quitclaim deed from Grantee in favor of Grantor. Grantee hereby agrees to execute and deliver to Grantor such quitclaim deed within thirty (30) calendar days following the date upon which the Termination Notice is delivered to Grantee. 5. Avoidance of Creating Wetlands. Without limitation on the provisions of Section 6 below, Grantee hereby convents and agrees that Grantee's drainage of storm water from the Road through the Grantor Property shall not result in the creation of a wetlands in the Grantor Property. In the event such drainage does result in wetland conditions in the Grantor Property or otherwise impairs the development of the Grantor Property, Grantee shall (a) take whatever steps are necessary to correct and eliminate such wetland conditions or other impairment to development or, (b) at Grantee's option, pay to Grantor damages in the amount of the amount by which the value of the Grantor Property is diminished as a result of the creation of such wetlands, or the cost of curing such impairment. 6. 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 Fasement (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 39153549 96309216 _3_ .97-K03529.9 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 Parties; (d) any determination by any governmental or quasi-governmental agency, department or other entity that all or any portion of the Grantor Property which is subject to discharge of any storm water from the Road constitutes or could constitute wetlands, or (e) 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 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 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 6 shall survive the termination of the Easement and/or this Agreement. 7. 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 7 shall survive the termination of the Easement and/or this Agreement. 8. Insurance. a. Grantee shall obtain and maintain through its self-insurance program commercial general liability and property damage insurance with respect to the use of the Fasement Area 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. 39153549 96309216 -4- 9T.K035299. 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 Storm Sewer System or the Discharge Pipe, 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 8 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 8 shall survive the termination of the Easement and/or this Agreement. 9. 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. 10. No Public Dedication. Nothing contained in this Agreement shall be deemed to be a gift or dedication of any portion of the 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. 11. 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; provided further, that Grantor hereby reserves to itself and its successors and assigns the right to grant other easements over, upon, along, through, across, above, and under the Fasement 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. 39153549 96309216 _5_ sr 03529.9, 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. 12. 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. 13. 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 39153549 96309216 -6- 97K035299 If to Grantee: City of Elgin 150 Dexter Court Elgin, Illinois 60120 Attention: City Manager Telephone: (847) 931-6100 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) 931-5655 Telecopy: (847) 931-5665 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. 14. 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. 15. 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. 16. 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, 39153549 96309216 -7- 97K035299 • 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 16 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. 17. Time of Essence. Time is of the essence of this Agreement. 18. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Illinois. 19. 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. 20. Cautions. Headings of paragraphs are for convenience of reference only and shall not be construed as part of this Agreement. 21. Entire Agreement. This Agreement embodies the entire agreement between the parties relating to the Fasement 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. [Signatures on next page] S 39153549 96309216 _8- .91K035299 IN WITNESS WHEREOF, the Grantor and Grantee executed this Agreement as of the date first set forth above. GRANTOR: MCDLF . I . DING CO I'ANY, a Califo 'a co .or..,o / '� Its Autho ' ed Signa • ar By: :� 2._. di, Its Authorized Signatory Attest: By: . ij 6:1,k_____ s istant Secretary GRANTEE: THE CITY OF ELGIN, ILLINOIS, an Illinois muni ' al corporation By: el---ti Mayor Attest: By: l��lZ-1( 1 d� W(e.0 l) City Clerk / e ,( 39153549 96309216 _9_ . 97K035299 • STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) On May 13, 1997, before me, h=8 -&— _c_ e—, a Notary Public, personally appeared �G+E i4 e a _ .1._s Aw- .J , personally known to me ( ) to be the person whose name is subscribed to the within instrument and acknowledged to me tha-erti: - executed the same 'ud6Cauthorized capacity, and that by giApCsignature on the instrument the person, or the enti upon behalf of which the person acted, executed the instrument. WITNESS my han nd official seal. i otary c SEAL] DEBBIE STANISLAUS-LYTLE 12 + Notary Pubi COMMc—!�10603 Califo89 rnia Z ' l z LOS ANGELES COUNTY i My Comm.egvres JAN 25.1999 (6 39153549 96309216 • . s7K035299 • STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) On May t 3 , 1997, before me, -DB8r3--E— 57,E rs-c s L.. a Notary Public, personally appeared /?0 S S E. —FA 1 ER__ , personally known to me ( o be the person whose name is subscribed to the within instrument and acknowledged to me thatC),sk'executed the same in( authorized capacity, and that by(ll 'signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my han and official seal. ( Ii) tary Pu is [SEAL] C;7.) DEBBIE STANISLAUS-41. '- COMM.�1050389YILE . �'I Notary Public—Califcm a Za LOS ANGELES COUNN Nty Comm.Ewes JAN 25,1999 ? I 39153549 96309216 ., ssiK035299 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, Fast, 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 Fast, 2,615.28 feet along said North line to the Fast 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. I2/ 39153549 96309216 Page 1 of 1 �stK035299 ...... )-1 TIVONVel ,CL' A, — , QVON 3 '[,' 1,,, ;E' tt,) It: _S A S . 4C.,] q ih ik4•Sf.U.D , SIMI .M.U.O , Z _ .• ' X 1 t':1 ' i• ' er. :.' ' (1 , NA . . Nii 1,!'l'A, ;i 8 2 e;,•• : .,! o ,,,, H „ i 2,, , k At-' I a wil ISIWWIla , II II/111 WI Ih i°‘‘, 'V• A .4. 1 -A -.1'. .Li1;1414.14 .. •4pL,,4%,, ii li I h.ii - A% IsiiialAilil ,,Gu 11. 1%.11.41 I: ,. 11 11111111 gst A , Pi i gi;le gig 1t O P iiii)1 r...,,,, ;OA iii;i3 $ ;1111111 Iliiii pi i 0 0 6 11" N t IA I NO el 4,• .111 d 1 ,81,isbirs, ad i 614',§ ' girl 4, ill, g Pil.ifisioji li . AL ,6,10,3i!O .1 • ag ;;11w4 4 .b 111-ixillilles i 1 'r i6ilkt; i 4 s 1.• • .r. ,i ,- I' , 8111Psits041 0 ch 4 .I, k i , :!.;,,, , AI iAA/, :4 1 - xi! 5 ti ! -ll 11 9114i 1 .'-',. •?!, !‘2.111 I b W 1 g° _ i 1 :'\ ' 1 'A. Kai a61,1 a' °Gt, 1 1111111111111 .! ri - :12'' ' l'4V ii ',7:. 1.:i;11 . lil ..a... ° ‘, . . ill ;W-' 1 I I = 1 ' , li i •N 1 ,. rt 3.00,060,4 I ' .* ' °C4 ' • 13' two roam'', ..0 . go tra,174,•-•?—.- so' - 33 3 120.013.0 N - . 'it: •;:,,',r,. , ,, • • , •,4;,‘,..,,,.: C o": 1° . A' e Il , ;1„.. •i. ____.„ , 10 :,, •••• '4ED ' 04 44 a Mk 8 . IQ.i'l r.'4111 7 ::;4": „ b ORIGINAL DOCUMENT- , 1: 4 HAS BEEN ALTERED If t.''. It „ k4i,. .,,,:.; ':s, '1' '!'• i I ; I 8! fii6lis p 91/11‘03 :s el 1 ii i /,'';21;11. li g *1 111/ 1: TO PREPARE THIS EXHIBIT .------r, 21 t. . il.f:16,t, s3 1:# sill g i - 1.19/1 ill il, 4i R . ,-;. • 1 i_11,11 i; W 11 "Alit 1110 ';!! P',' . IA Illit III 1 1 si A'1 41111 -- 11V,,, jN ':' i lophiblii 0 :7-•• 1 /14,',„-ifi'4 • Pi 14111/11 '' 1g i • * N ,„ I 0 ii ‘II 1184 R '81 1 ill III I- 1 i Y'' § 1 I—t' 1.1 NI A N, .11 N %! "-- t. • t' U 10011 Illgighlilit • ' nb, 1 ! )U111114;01 )-; ' t 6 i 14 . . tr. 6 i = CC-0 111 8" 1"lb 12 '' ii4 a q§ 4. 15 0 1 .111 srl gsl ; 01 ,b1 g ia '-'2 8_ • •,461141 ill A OA • Ct 2 111 :114 1 Iii 1111211111ilif Itii 1!1 Iv t :':• • .1' ',L,' ;A iii; XXI ,. IF AS 111!X Pi bIiwty 11 4X1 g 11 II '- • CC '''. L„.g14.• § Xs 1 * bell 1 .. ,, ri /--mc./.0 --- 3/4,..i:3,: .%'.'•. .c."L"" ' \ .*: \ "\IAlCien$("1"114".""mxiTIIHNnq ... .,. 4 4 .., AGM 3 ..----- 3=14 ^.....01*..."....-. .'-'- .K.Z111 II 7 ..4,. ., .',-- • ' EXHIBIT A-2 .t 91 K 0 3 5 2 9.9 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 Fast 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 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 66.00 foot wide strip of land. 39153549 96309216 Page 1 of 1 91K035299 A/ACSIVI,,4„LAN I4kI)',4TIT $ ! VEY ,,.., • ;,1 • ,4 i. • 'i• ,' .. - ,, :,,",.-..:„ . , i!- •.‘,...",,, ., .i',... ,t, 407 14400,o0.4 of IlAgi444' 1.9144.41' . t:111**144".0147V14"14.41=,1.:'..'74:::"..Z ,i COWS ' .ON t• .1.0 el IN Mho*.ayggs..... . t • .7i'4' 30 E '.. ..'''.':", r7,4.5rD•Ityl3HW 1 r3r7E;If• irr.ulZ,Z=Ve; ....:""e114,411..1":V=.4.....,"""*"...-A,:r.v. .,-,..,. mood. gym.im 112NI..44.140 gigribeng Lrier for v.*Paint of Iff p.m..., '.'f'r.it';if'.. %OM fft4P1-Ss. (----\ WSW 30-43-4 ..41..-!4:',-,? ' '-.44;.• „....) 'it..i. IIII 14.1•••Nemo NO.SO Mr..44 minut.4 06...nag 4.4t . 11 44•1 lief b I...NOW%30433 744.0.0*,ffY•n,nn fnrn•c.f.. ,„„. ,,,„, ,\p 1.1..4. Imil •••••arod....WI Mr.w.Vern,Inv.nierrefal corner ,,,,.. 4' . ',\. .. to..•"•047•1.13 vel Ri.d....4 0o41.4.co.1.•Ner.,...a on Jn,•ono a.oz I t' kS -i •."MM.rid.3.044 444x.more or 1•44. ':..* .;. ;4i....1'I ' ., ••••• 45 \.• • _KR, ,;1, . ,0.7.4...irt Or p kat we Nob..Uwe.l ymegg eine,•ff ontfcnio4 , .. r 1141 WallliflY*WIWI ferilaf.8...mg 40.4,Ono•C•woo of moon.nona, CI DIE it , ...''..--,...4 ..1. i'44:I':' ,11, RN. t • . ',..` '• V, 3-,'' V. , \. . 7.Iftl.CO'.4 14•IP goo Ca...N.moo...Coon.., t.Wet:: .44ncnign''go.,..,/,."Vo„.,:;;t.,',1. iii...• 4•: 1... 1.., I...Ns 1.4.e. 014by arblalfhfl,d' fon neov :; ,ff f r A .itf!,r;';'•''.‘,f Of/ AL A 4441 WI god.1....loong 3 4.4 4 el fable A gr....,.nn., t \4 W.I.Is Mt 43.0.0 144.4.44*I...Ma by 474 and Acgy.unf n ele..1 f.- ,- : IM 01.el WO fribiti..)41.1.41.44.•1...nay 1':''''.'‘i''''';'1'*4 . -, •. 9....•pliAja_or. aro... • ••.I.• Vw13 -i.. ?. V ,.;‘,.., t,, ., I . '•' "' T1./...A 7,....)/.,7.0....,!•,..:T4,:' '.:. ' ....4. \ ""Ines.144 14 .40 LILT , - , ' 4.- --er.o . , V, ' 9,•?1,1S,,. "A S., . .,("4.4:"A• 1 \ • , ,**Os...... 1 t, ,., , , , , ;I- „.„. ORIGINAL DOCUMENT "e.":".e'. ,_, ..'• 0117%'',.4'' • '• I. HAS BEEN ALTERED .1?_•:,..,....,,,,,iy,°:-, li • . TO PREPARE THIS fi,',.•,-it .- '',,- -, \ 7)4,•••!.,„:!...,,#-i. • • EXHIBIT • "t. / ...w.i. ' ''. i , ; \ ';'• A.1,' '...,-•;J'I..4.''' ..., o 1 ' •A C. '';"'...A::.-•'.4 ':, 11.1s4•-•.*.00.. . No INALOO.GS I (' . ._.,,,.- 00 33. . MEND . j,_,•'t.11 ",:- g ',,,kw•-?,,-'1,,.,.-,. 1 ... 41..0 1,A,i,.,_, . 1 6 ......,,,-. • -- . - ....„..,.. -.‘ Y. 60...44 Jr vv.,to - • ...._ A - CI,Lit cnIf 5•Ve ;-.•' , I .: EMT HI.Of 1141 NORRO•37 (TN/3"'Iy.:';'4's':;;‘',I.:‘',,I,.%::-') . WINES Elf;ono 30-44-.--.. ----'.---, ' OH 52 If . - I .0 i li'' $° Le ..... .0.....r. 1:;-,..-•:‘,.-.. •-. , .-' .......i. 1... a., r.jilatitrIcAVints:- i ,.(t). MI . •••4.i: , E i \ ltAr „.. . ,,..___________:, , - __,_1.906' • !'sdb4r:' ....;...:.111; .01,•11C •.1 11Z‘ sl--------.....1 1•10' -SOAR ullE La 714t 0L50114E4S7 LICDLF HOLDING GO14PANY 44,1 4...„,t... 004.1411 Of SIMI 30-42-4 4*.nn..77,,, i ''''. . •,,,-, , HUI ,, . ,- ;,7...:::74.—. tr.3.,...** • . 3-03-0,4,(4, C.,144.4 60113 700 3501•7,4 f op (.67 141-670•3 •• a• .1', .7 , , •--- -..•..•. • ,/ EXHIBIT B-2 . ,91 K 035295 • • • EXHIBIT C-1 DESCRIPTION OF EASEMENT AREA A strip of land 100.00 feet wide on that part of the South Half of the North Half of Section 30, Township 42 North, Range 8 East of the Third Principal Meridian, Kane County, Illinois, lying 50.00 feet on each side of the following described line: Commencing at the Southwest corner of the Northeast Quarter of said Section 30; thence Easterly, 245.86 feet on an assumed bearing of North 89 degrees 41 minutes 14 seconds East along the South line of said Northeast Quarter; thence North 0 degrees 00 minutes 00 seconds East, 532.79 feet; thence Northerly, 213.85 feet along a tangential curve concave to the West, radius 1,043.00 feet, central angle 11 degrees 44 minutes 52 seconds for the Point of Beginning; thence North 86 degrees 30 minutes 00 seconds East, 380.00 feet; thence South 80 degrees 00 minutes 00 seconds East, 112.00 feet to the termination of said line and 100.00-foot-wide strip of land. 39153549 96309216 Page 1 of 1 .97K035299 PLAT OF EASEMENTS • NOR.uRC Or THE Sad.HMI a erE ra+Mecs,0u•ert9 a CO THE NORTH EAST QlA9TE9 Oruc-n�w-.2-s SECT,20-42-e Jell ' . vn '.l ;\\'a gill$ I \ .—_ _—`.. - 1 1 .\ `rE \ ' \ .,-, / \ % \ \ 1 S. \\ — 11\ ;0 :\\\'s . \,J, .'e \\\ \ '\t\ \. \\ A,Ira e w el'oo000 tees.roeet eh* o•met..t .South Hot Al mm oar el Sort.30.To...,.42 Nth. a.a Cool of me Mod .ew•..•.e.0.. ..cam, e..a..I1w9 5000 Met on.e..ro.el me Wart,Moore*••. \ 1', \; c...me0eM.a th.S.th..I con..el IN.Northeeet Quarto,el so.zoom.20 thence E0et.N e a ...y.2A5le feet , .e ..a boor.of Marti.,M .'m oo a.10... .w4 14 \ '�.;5 + �' second,Coot ore,the One et mold0.th..1 a2el� «.Norm 0 epee.00 \ ..00... a.cool.532 T9 T mt.mw.e.North.,21 E 09 1..INam,0 Duet,.rw.. '\a, I.,j \ corm..III.. to the of 9�.9••e•..00.Mothee so o o 30�;„00 seconds Cost.e.00000 Mel \ 4 \ teenco ee 00,11 Saum 80 ep 00 memo.00 eecma E0.l.T.2 00 root to moo I l .aw 0000-bet-eta.etrw el ime \ \ I easement \` V ,\ \;�, \ \' A ,\ - '00.00'TEMPORARY EASEMENT ORIGINAL DOCUMENT A . � \ Y 7 HAS BEEN ALTERED •.\ a a \ R9 N R6w� E �� 5 009p� E J TO PREPARE THIS �\`� E9 s h LI �g I EXHIBIT l 1' NI _J.....�S SS.----1---- —_�, —1 '\. r u1' I >I P. .N..sy e. MR that R E.a.m. woos s e.1 net. o. w. ue If I I D 1 my directionW Is bet and cer.s IM p e t to eel of my.ro.e0.oee Mee E C.w.o.Ore 91vw•w Mot cod e.e..el.Memel e.s•e•ebe • I g Ia1 day e1 0,-.CER _ .0 t9911 IIS IN8 OM th0 I I I • nany y r• .1' Moats. Land Oda A. s..y.Ho 2533 d' r(.... "� ".a../ I ' ' I nat.' 33.00'r y. _ u.00' otometo •TEMPORARY EASEMENT-I L— - I- 10.00'TEMPORARY EASEMENT i .0 LEGEfoyy 1 /9~d,E sE ,'cr., SEC' EAST tME CO N 0rE 04.4t3T �73 ' , ro.E ...rt.0,•zc-w 20-42-9 3 I - , - a0A9Ta sc0d tot I -__ - --- SEWER i.0u.9rt9 sECNar..NE I. oci 5r� r•PPA....SE.t0'.'NE IH S * b e•0.1ar..1310'LTC of.c"C.4c 950..41.E CCMRA4,cw,•90 • I •aum,t oEtaro Doc 40 9349,2.0 S 500.04 ORE At 309TN9141 a.RTE.OfSECTOM 2o-e2-9— '- JI /� N RCa'14 E 245.s7 MCOLF HOLDING COMPANY OLMIEII g 2 Or YITOM 2>e2-� O 0 CC 3-09-0147(I) Ors amps 11.923 Mr0 EXHIBIT C-2 !S�j K s a9 9 ,SOe.ra..9 IMTJ M-I•V0