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HomeMy WebLinkAbout98-99 Recorded Resolution No. 98-99 . • RESOLUTION AUTHORIZING EXECUTION OF WATER AND SANITARY SEWER EASEMENT AGREEMENT WITH MCDLF HOLDING COMPANY 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 a Water Line and Sanitary Sewer Easement Agreement on behalf of the City of Elgin with MCDLF Holding Company, for the construction of a water line and sanitary sewer along Randall Road, a copy of which is attached hereto and made a part hereof by reference. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the Easement Agreement to be recorded in the Office of the Recorder of Deeds of Kane County, Illinois . s/ Kevin Kelly Kevin Kelly, Mayor Presented: April 22 , 1998 Adopted: April 22 , 1998 Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk FILFO FOR RECORD r�,`,rtiL COUNT Y,ILL. R1 CORDING REQUESTED BY AND WHEN RECORDED MAIL TO: 9 8 K 0 3 6 3 51 98 APR 29 PI! 14: 15 The City of Elgin, Illinois , 150 Dexter Court ltr)€ I Elgin, Illinois 60120 Attn: Erwin W. Jentsch, Esq. al c (Space Above Line For Recorder's Use Only) WATER LINE AND SANITARY SEWER EASEMENT AGREEMENT This WATER LINE AND SANITARY SEWER EASEMENT AGREEMENT (this "Agreement") is made as of April gy, 1998, 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 (the "Property"). B. Grantee desires to obtain an easement from Grantor for the purpose of constructing, operating, maintaining and repairing a water line and sanitary sewer line in, upon, over and under that portion of the Property more particularly described in Exhibit B and shown on the plat attached hereto as Exhibit A-2 (said area being referred to herein as the "Easement Area") and Grantor is willing to grant such easement upon the terms and conditions contained herein. 6o C. Grantee also desires to obtain from Grantor a temporary easement over, upon and { under that certain additional portion of the Property more particularly described in Exhibit C and �-. shown on the plat attached hereto as Exhibit A-2 (the "Temporary Construction Easement Area") for the purpose of constructing such water line and sanitary sewer line in the Easement Area and Grantor is willing to grant such additional temporary easement upon the terms and conditions contained herein. u1 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. Water Line and Sanitary Sewer Line Easement. Grantor hereby grants, transfers, and conveys to Grantee a non-exclusive easement (the "Easement") over, upon, along, 39215211.2 41598 1559P 96309216 -1- 98 K 0 3 6 3 5 • through, across, above, and under the Easement Area for the following purposes: (i) the installation, operation, use, maintenance, repair, replacement, relocation (within the Easement Area), and removal of a municipal water line (the "Water Line"), (ii) the installation, operation, use, maintenance, repair, replacement, relocation (within the Easement Area), and removal of a municipal sanitary sewer line (the "Sewer Line"), and (iii) ingress and egress onto the Easement Area as may be necessary to fulfill the purposes set forth in clauses (i) and (ii) above; provided, however, the Easement shall be subject to the following conditions: a. The installation of the Water Line shall be accomplished such that at all times the top of all pipes, fittings, and other materials associated therewith other than native soil fill (the "Water Line Materials") shall be at a minimum depth of not less than five and one-half feet below the existing ground surface as of the date of this Agreement and shall be located within the west twenty (20) feet of the Easement Area. Prior to the commencement of any work associated with the Water Line, Grantor shall have the right to review Grantee's engineering plans for the Water Line. Grantee hereby acknowledges and agrees that, in connection with the development of the Property, Grantor may change the existing grade of the Property and that the eventual elevation of the uppermost portion of the Water Line Materials may be well below five and one-half feet below the ground surface at the completion of development of the Property. b. The installation of the Sewer Line shall be accomplished such that at all times the top of all pipes, fittings, and other materials associated therewith other than native soil fill (the "Sewer Line Materials") shall be at a minimum depth of not less than one foot below the existing ground surface as of the date of this Agreement and shall be located within the west twenty (20) feet of the Easement Area. Grantee shall construct a minimum four foot deep berm over the entire Easement Area and, after the completion of the installation of the Sewer Line, the uppermost portion of the Sewer Line Materials shall be at a minimum depth of not less than five feet below the top of the berm so constructed. c. The installation of the Water Line and the Sewer Line and any grading done within the Easement Area in connection with the installation operation and maintenance of the Easement shall be completed in a manner such that the existing storm water drainage patterns are maintained and no new ponding of water occurs. d. Fill covering the Water Line Materials and the Sewer Line Materials shall be provided pursuant to the Illinois Environmental Protection Agency's recommended requirements for construction of water and sewer lines; provided, however, fill covering the Water Line Materials and the Sewer Line Materials in the area of the future access points to Randall Road shall compacted in accordance with standards acceptable to Grantor. Prior to the placement of such fill, Grantor shall designate such access areas where such Grantor specified compaction standards shall apply. 39215211.2 41598 1559P 96309216 _2- 2 0 98K 3 6 3 5 I 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 Property resulting from the exercise of any rights hereunder by Grantee. 3. Temporary Construction Easement. Grantor hereby grants, transfers, and conveys to Grantee a non-exclusive easement (the "Temporary Construction Easement") over, upon, along, through, across, above, and under the Temporary Construction Easement Area for use in constructing the Water Line and the Sewer Line; provided, however, the use of the Temporary Construction Easement shall be subject to the following conditions: a. No equipment or materials shall be stored overnight in the Temporary Construction Easement Area. b. Grantee shall use the Temporary Construction Easement Area and the Easement Area (collectively, the "Easement Areas") in compliance with all applicable laws, regulations and requirements and in good, safe condition and repair, and shall keep the Easement Areas free of rubbish, debris and Hazardous Materials (hereinafter defined) all at the sole cost and expense of Grantee. c. Grantee hereby agrees to provide Grantor notice of completion of the installation of the Water Line and the Sewer Line and notice of Grantee's acceptance of the same. Upon the earlier of (1) notice from Grantee of Grantee's acceptance of completion of the installation of the Water Line and the Sewer Line, and (2) December 31, 1999 (the "Outside Termination Date"), the Temporary Construction Easement shall automatically terminate and shall be of no further force or effect; provided, however, if such termination of the Temporary Construction Easement occurs prior to the Outside Termination Date, or, otherwise, at the request of Grantor, Grantee hereby agrees to execute, acknowledge and deliver to Grantor a quitclaim deed, in form and substance reasonably satisfactory to Grantor, confirming such termination. 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 Temporary Construction Easement Area pursuant to this Agreement to be performed by duly qualified personnel. Grantee shall repair all damage to the Temporary Construction Easement 39215211.2 41598 1559P 96309216 -3- 98K03635I • Area and any other portion of the Property resulting from the exercise of any rights hereunder . by Grantee. 4. Avoidance of Creating Wetlands. Without limitation on the provisions of Section 5 below, Grantee hereby covenants and agrees that the installation of the Water Line and the Sewer Line and Grantee's use of the Easement Areas shall not result in the creation of any new or additional wetlands or ponds on the Property. In the event such use does result in new or additional wetland conditions or ponds in the Property or otherwise impairs the development of the Property, Grantee shall take whatever steps are necessary to correct and eliminate such wetland conditions, ponds or other impairment to development. 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 and/or the use of the Temporary Construction Easement (collectively, the "Easements") 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 the Property in connection with work performed at or material delivered to the Easement Areas 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, as a result of Grantee's use of the Easement Areas, any new or additional portion of the Property could constitute wetlands, or (e) the past, present, or future presence of Hazardous Materials (as hereinafter defined) placed or introduced in, on, under, or about the Easement Areas or any other portion of the 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 5 shall survive the termination of the Easements and/or this Agreement. 39215211.2 41598 1559P 96309216 -4- 9 98K03635I 6. Grantor's Right to Maintain the Easement Areas. Grantor shall have the right, • but not the obligation, to maintain the Easement Areas in the manner described herein if, in its reasonable and good faith opinion, Grantee has failed to maintain the Easement Areas as required hereunder, upon thirty (30) days' prior written notice to Grantee, and provided that during said thirty (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 Areas 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 Easements and/or this Agreement. 7. 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 Areas 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 construction of the Water Line or the Sewer Line, or otherwise performing any work on, in or about the Easement Areas, 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 Areas. 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 Easements and/or this Agreement. 8. Covenants Run With Land. The Easements and the other covenants of Grantor and Grantee hereunder shall operate as covenants running with the land, and shall be appurtenant 39215211.2 41598 1559P 96309216 -5- S 98K03635I to Grantee's adjoining property and shall encumber the Property, for the benefit of the Property . and such adjoining 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 Property and Grantee's adjoining property, respectively. 9. 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. 10. Grantor's Use of the Easement Area. Grantor may not build, erect, construct, or otherwise place any buildings or structures, whether permanent or temporary, on any part of the Easement Area; provided, however, that Grantor may construct a road over or across the Easement Area and may landscape (other than with trees) on the Easement Area; 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 Easement Area so long as (a) any pipe, line, fitting, conduit or other material associated with such easement are located at a reasonable separation from the Water Line and the Sewer Line installed pursuant to this Agreement, and (b) such other easements and the installations in connection therewith do not damage, destroy, unreasonably interfere with or otherwise harm the Easement Areas 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 Property that would adversely affect the use of the Easement Area as provided in this Agreement. Grantee shall promptly repair and/or replace any damage caused by Grantee's use of the Easement to such road or landscaping and otherwise restore the Property. 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. 12. Notices. All notices required or permitted hereunder shall be in writing and shall be served on the parties at the following address: 39215211.2 41598 1559P 96309216 _6_ 98K03635I • 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: Annie Kodak 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: Herbert L. Roth, Esq. Telephone: (213) 683-4200 Telecopy: (213) 683-4201 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. 39215211.2 41598 1559P 96309216 -7- 98 K � 036351 • 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. Time of Essence. Time is of the essence of this Agreement. 16. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Illinois. 17. 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. 18. Captions. Headings of paragraphs are for convenience of reference only and shall not be construed as part of this Agreement. 19. 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. [Signatures on next page] 39215211.2 41598 1559P 96309216 -8- 9 98K03635I IN WITNESS WHEREOF, Grantor and Grantee executed this Agreement as of the date first set forth above. GRANTOR: MCDLF HOLDING COMPANY, a California co j oration By: 4 ZA__ Its Authorize ignatory By: Q Its Author' ed Signato Attest: By: Assistant Secretary GRANTEE: THE CITY OF ELGIN, ILLINOIS, an Illinois muni 'pal corporati n By: ��-�-- Mayor Attest: By: 5i414—%‘1 /(11- 141--- City Clerk 39215211.2 41598 1559P 96309216 _9_ 98K03635I STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) On April a, 1998, before me, ) 3.i o,A,0 , a Notary Public, personally appearedappeared adueuLt(pciat o,,.u. 14yritgaq 03J„1,(_ , personally known to me (or proved to me on the basis o satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. tom B.LA*10"VARS \,_/thit63 yi Notary Public—C_91 mto Fy �( p 7 LOS ANGELES COUNTY '4� w 1 NM Comm.Elea JAN 19.1999 Notary Public [SEA 39215211.2 41598 1559P 96309216 98K03635I STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) On April _, 1998, before me, , a Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public [SEAL] 39215211.2 41598 1559P 96309216 98K036351 • EXHIBIT A-1 DESCRIPTION OF THE 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° 41' 14" East along the South line of the Northeast Quarter of said Section 30; thence North 0° 00' 00" East, 533.21 feet; thence Northerly, 347.14 feet along a tangential curve concave to the West, radius 967.00 feet, central angle 20° 34' 06"; thence North 20° 34' 06" 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° 58' 28" to the North line of the Southeast Quarter of the Northwest Quarter of said Section 30; thence South 89° 38' 18" 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° 24' 40" West, 1,321.78 feet along said West line to the South line of the Northwest Quarter of said Section 30; thence North 89° 41' 14" 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° 41' 14" East along the South line of the Northeast Quarter of said Section 30 for the Point of Beginning; thence North 0° 00' 00" 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° 34' 06"; thence North 20° 34' 06" 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° 36' 05" to the North line of the South Half of the Northeast Quarter of said Section 30; thence North 89° 38' 18" East, 2,615.28 feet along said North line to the East line of the Northeast Quarter of said Section 30; thence South 0° 22' 33" West, 1,325.15 feet along said East line to the South line of the Northeast Quarter of said Section 30; thence South 89° 41' 14" West, 2,412.87 feet along said South line to the Point of Beginning. 39215211.2 41598 1559P 96309216 A-1-1 98K03635I EXHIBIT A-2 Site Plan Attached 39215211.2 41598 1559P 96309216 A-2-1 98K03635I PLAT OF EASEMENT I PERMANENT EASEMENT TEMPORARY EASEMENT ' THAT PART OFNORTHEASTiHNORTHEASTW OfW QUARTER SECTION 30, TDSNIP THAT PANT O TIE NORTHEAST WARIER OF SECTION 30, TORNSHIP 42 NORTH, RANGE 6 EAST O THE THIRD PRINCIPAL MERIDIAN. KANE 42 NORTH. RANGE 8 EAST O TIC THIRD PRINCIPAL MERIDIAN, KAE I CCLNTY, ILLINOIS. DESCRIBED AS FOLLORS: COMMENCING AT THE COUNTY, ILL INOI S. DESCRIBED AS FOLLOWS: COWENC I NG AT THE • NORTHEAST CORNER O THE SOUTH HALF OF SAID NORTHEAST NORTHEAST CODER O THE SOUTH HALE Of SAID NORTHEAST I WARIER: THENCE SOWN 88'40'II'NEST ALONG THE NORTH LINE WAFTER; THENCE SOUTH 86•{0'{1'REST ALONG THE NORTH LINE O SAID SOUTH HALF, 54.03 FEET TO THE REST RIGHT O RAY LINE O SAID SOUTH HALF, 107.56 FEET TO A LINE 109.50 FEET Of RANDALL ROAD PER DOCUMENT MASER 974060511 FOR A POINT O WESTERLY O AN)PARALLEL WITH TIE CENTERLINE OF SAID RANDALL BEGIHN I NG; THENCE SOUTH 00'25'se'EAST ALONG SAID NEST ROAD AND FOR A POINT O BEGINNING; THENCE THE FOLLOWING T110 LINE, 1325.12 FEET TO THE SOUTH LINE O SAID NORTHEAST (2) COURSES ALONG SAID PARALLEL LINE; (I) THENCE SOUTHERLY QUARTER; THENCE SOUTH 88•43'58' NEST. ALONG SAID SOUTH ALONE A CURVE CONCAVE WESTERLY HAVING A RADIUS O 5583s.17 LINE, 49.51 FEET TO A LINE 109.50 FEET WESTERLY OF AND FEET. A CHORD REARING O SWIM 00'27.27'EAST, A CHORD I PARALLEL RI TN TIE CENTERLINE O SAID RANDALL ROAD. THENCE LENGTH O 74.20 FEET FOR AN ARC LENGTH O 74 20 FEET TO A THE FOLLOWING TRO 2)COURSES ALONG SAID PARALLEL LINE: (1) POINT O TANGENCY; (2) THENCE SOUTH 00'25'56) EAST. I THENCE NORTH 00'25 58'HEST, 1250.87 FEET TO A POINT O 1250.87 FEET TO THE SOUTH LINE O SAID NORTHEAST WARIER. - CURVATURE; (2) THENCE NORTHERLY ALONG A O.RVE CONCAVE — CI WESTERLY, HAVING A RADIUS OF65834.17 FEET FOR AN ARC LENGTH THENCE SOUTH 88'{3'S8'WREST ALONG SAID SOUTH LINE 50.01 O 71.10 FEET TO SAID NORTH LIME O THE SOUTH HALF. THENCE FEET TO A LINE 159.50 FEET WESTERLY O AND PARALLEL WI iN NORM 88'AO'II'EAST G. CO SAID NORM LINE. 19.54 FEET TO SAID CENTERLINE O RANDALL ROAD. THENCE THE FOLLOWING TWO •— THE POINT O BEGINNING, CINTAI HIND 1.51 ACRES, SERE at LESS. (2)' GORSES ALONG SA ID PARALLEL OINE: (1) THENCE 2RTH — IT 00'25'S6N WEST, 1251 60 FEETAC TO A POINT O CURVATURE; (2) N I'� 6 FT I THENCE NORTHERLY KING A CURVE CONCAVE WESTERLY HAVING A W4 RADIUS Cf 8378{.17 FEET FOR AN ARC LENGTH O 73.42 FEET TO fl ._. SAID NORTH LINE OF THE SOUTH HALF, THENCE NORTH 66'10'41' � I EAST, 50.01 FEET TO THE POINT O BEG INNING, CONTAINING. 1.52 ACRES. MORE OR LESS. AA i CO § $ / ri I _ R © ',x ;x AR R p% s GI a 2 jaxo CO '/ PRQP�RTY DEED 91K5245fi ..2 •Rps x I g RA••150815T ; GilLa I, �y 7 12S1 R0 Lam, �.n- Noour �¢rr //7777777777,E 7 i��i// �7J//JUTTTri l//i 7 '— SRC y / it ' / rGWRRsTplc9S ,IRT'SP,ReIEIRC 61.1*- - 1..`, TRACING' ' -' / % i t. /// i / .Ay>A yrs TIOMa SNnKT sEFA�R I A"!� I' - - - - �Id� ; IRS \\ '�� _ r - - /- - - - - - E 1�•••" �` o $ S 025•+12Y g x NCST MO C.AY LNE OF RUON1 ROAD/ ,-GY3011] �'` YY ,6 PER DOG 1q 9RLOWWSTI A.0002'38' O,✓/ — `. `l ? ON4SO07F7YE-7120' g --��:— - J—�� ROAD C) - - - - - - - — — —THE CAST uE — — — — — — — — — — — — — - - - - — - — 71 Of SECTION 30-12-8 . Q ,TAR OF. 55 t-gl, 1;: 0.1307 TO Rp"�0140S TO M 11400051 OF a 1 FA G008 001n,c'ES YE RUN L.lIFl SO MONK.Na .L45 0.4 uon R.INC nn 7Ew AT 1,40.uws nrs Srw DA.of r,,,,AC, AD.,.gam C5 A.wO INC 10.4101 A...,.F\CAdo\moi.lvttAnis¢s<AC.i21 m C O W HEY REVISIONS LEGEND GUDMUNDSON LEGAL OI-OS-95 0.Fa 0„a PR M141 PROECT NO. 192o SHEET L E D E R . LTD . D.EUTauRINr1T UTILITY EASEMENT DATE 12-01_97 300 PARK BOULEVARD R-b s`oO O. SCALE $ ITASCA, ILLINOIS 80143 D•RE•D,.177 MO OR..'A0(F.3DRH, DRAWN BY: 1 100 u CONSULTING ENGINEERS N.UF•TVWC DIu YId 17 FAT ELGIN, ILLINOIS S.B@ .L.our.0a011 0— (830) 250-9595 R77212-MOR='0001 cNEORED BY: CD@ _ r u j EXHIBIT B DESCRIPTION OF EASEMENT AREA That part of the Northeast Quarter of Section, Township 42 North, Range 8 East of the Third Principal Meridian, Kane County, Illinois, described as follows: Commencing at the Northeast Corner of the South Half of said Northeast Quarter; thence South 88° 40' 41" West along the north line of said South Half, 58.03 feet to the west right of way line of Randall Road per Document Number 97K066511 for a Point of Beginning; thence South 00° 25' 58" East along said west line, 1325.12 feet to the south line of said Northeast Quarter; thence South 88° 43' 58" West, along said south line, 49.51 feet to a line 109.50 feet westerly of and parallel with the centerline of said Randall Road; thence the following two (2) courses along said parallel line; (1) thence North 00° 25' 58" West, 1250.87 feet to a point of curvature; (2) thence northerly along a curve concave westerly, having a radius of 85834.17 feet for an arc length of 74.20 feet to said north line of the South Half; thence North 88° 40' 41" East along said north line, 49.54 feet to the Point of Beginning, containing 1.51 acres, more or less. 39215211.2 41598 1559P 96309216 B-1 98K03635I EXHIBIT C DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT AREA That part of the Northeast Quarter of Section 30, Township 42 North, Range 8 East of the Third Principal Meridian, Kane County, Illinois, described as follows: Commencing at the northeast corner of the South Half of said Northeast Quarter; thence South 88° 40' 41" West along the north line of said South Half, 107.56 feet to a line 109.50 feet westerly of and parallel with the centerline of said Randall Road and for a Point of Beginning; thence the following two (2) courses along said parallel line; (1) thence southerly along a curve concave westerly having a radius of 85834.17 feet, a chord bearing of South 00° 27' 27" East, a chord length of 74.20 feet for an arc length of 74.20 feet to a point of tangency; (2) thence South 00° 25' 58" East, 1250.87 feet to the south line of said Northeast Quarter; thence South 88° 43' 58" West along said south line 50.01 feet to a line 159.50 feet westerly of and parallel with said centerline of Randall Road; thence the following two (2) courses along said parallel line; (1) thence North 00° 25' 58" West, 1251.60 feet to a point of curvature; (2) thence northerly along a curve concave westerly having a radius of 85784.17 feet for an arc length of 73.42 feet to said north line of the South Half; thence North 88° 40' 41" East, 50.01 feet to the Point of Beginning, containing, 1.52 acres, more or less. 39215211.2 41598 1559P 96309216 C- 981403635I