81-0722 Tyler Creek Detention AGREEMENT
WHEREAS, the City Council of the City of Elgin has determined that
it is necessary and desirable to construct a storm water detention facility
to alleviate flooding in the Tyler Creek Watershed and thereby prevent
damage to property located within the City of Elgin; and
WHEREAS, Ill. Rev. Stat. , 1979, Ch. 24, §11-112-6 entitled "Purchase
or Condemnation of Necessary Real Estate" authorizes the City of Elgin to
acquire real property outside of its corporate limits as is necessary for
the construction and maintenance of protective embankments and other struc-
tures to alleviate flooding; and
WHEREAS, the City of Elgin is a home rule unit within the meaning
of Article VII of the Constitution of the State of Illinois authorized and
empowered to perform any function and exercise any power pertaining to its
government and affairs; and
WHEREAS, flood control is a matter within the government and affairs
of the City of Elgin; and
WHEREAS, pursuant to applicable law the City of Elgin may purchase
or condemn, by the exercise of the right of eminent domain, all real estate
needed for the purposes described, either within or without the corporate
limits; and
WHEREAS, it is necessary and desirable to acquire certain real
property and easements hereinafter legally described, for such purpsoes;
and
WHEREAS, on July 22, 1981 the City Council of the City of Elgin
passed an ordinance providing for the acquisition of certain property for
the Tyler Creek detention facility by agreed purchase or eminent domain;
and
WHEREAS, pursuant to Section 103 of the Internal Revenue Code
(1982) interest on the obligations of a political subdivision, such as the
City of Elgin, is excluded from gross income for Federal Income Tax purposes;
and
WHEREAS, the City of Elgin and the owners of the real property in
question have agreed to transfer certain property described herein in lieu
of that described in the ordinance referred to above along with various
easements upon the terms and conditions set out below.
NOW, THEREFORE, in consideration of the mutual promises and condi-
tions contained herein Alice J. Burnidge as to 29.0421%, Clarence D. Burnidge
as to 25%, Luella F. Burnidge as to 25%, W. James Burnidge as to 4.19158%,
S. Bruce Burnidge as to 4.19158%, Lois A. Soule as to 4.19158%, Charles H.
Burnidge as to 4.19158% and John T. Burnidge as to 4.19158%, hereafter Sellers
and the City of Elgin, an Illinois municipal corporation, hereafter Purchaser,
mutually agree as follows:
1. Sellers agree to sell, and Purchaser agrees to buy at the pur-
chase price and on the terms set forth herein, the real property as shown on
Exhibit "A" as Parcels 1, 2, 3 and 4, which Exhibit "A" is attached hereto
and is hereby incorporated into and made a part of this agreement by reference;
such real property being approximately 86.284 acres. Such property being
legally described on Exhibit "B". Parcel 5 as shown on Exhibit "A" is not
part of this transaction.
2. Sellers agree to convey or cause to be conveyed to Purchaser,
at the time of closing, title to the real property described above by a
recordable warranty deed subject only to (a) recorded public and utility
easements and roads and highways, if any; (b) general taxes for year 1982
and subsequent years and (c) other title exceptions in Paragraph 9(b) .
3. In addition to the foregoing Sellers agree to grant to Pur-
chaser, at the time of closing, the following easements by delivering to
Purchaser an executed original of the grant of easement attached hereto as
Exhibit "G".
a) A permanent flood control easement running with the land
upon that part of Sellers' property shown as Parcel 7 on Exhibit "A". The
purpose of this easement shall be to permit the temporary storage of water
upon the property described during and following periods of excessive flow
in Tyler Creek. Such property being legally described on Exhibit "C".
b) A permanent easement running with the land for constructing,
maintaining and repairing an earthen embankment upon that portion of the
property shown as Parcel 6 on Exhibit "A". The purpose of said easement is
to permit the construction and maintenance of a permanent earthen embankment
on the property described to facilitate flood control in the Tyler Creek
detention basin. The embankment shall be constructed by Purchaser in such
manner that the southern end of the embankment abuts the knoll located east
of the proposed detention basin to be constructed and maintained upon the
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property described in Exhibit "A". Such property being legally described
on Exhibit "D". The embankment shall be in substantial conformance with
the embankment design as shown on Exhibit "E". Exhibit "E" shall be used
only for identifying the general location of the embankment and for no
other purpose.
4. Sellers shall permit Purchaser to excavate, take and remove
from the property designated as Parcel 7 as shown on Exhibit "A" all earthen
materials required for the construction of all necessary embankments and
levees upon parcels 1, 2, 3, 4, 6 and 7.
a) It is expressly understood by the parties that a depression
will be created upon a portion of the property designated as Flood Control
Easement within which Sellers desire to create and maintain a permanent lake.
Purchaser shall remove material so that a depression is created upon a por-
tion of the Flood Control Easement. Purchaser does not imply, warrant or
guarantee that said depression will be adequate to contain, hold and store
water after construction and specifically disclaims every representation
to such effect. After excavation Purchaser shall have no responsibility
regarding enlarging, filling or in any way improving said depression so
it will function as a permanent lake or for any other purpose. At such
time as it completes construction of the flood control project contemplated,
Purchaser shall install a drainage culvert with a flapgate to permit excess
streamflow detained in the depression to be drained into Tyler Creek.
b) Purchaser shall fill the "Old Belvidere Railroad Cut" as
shown on Exhibit "H" to a level of at least 845 feet above sea level.
c) Purchaser will use its best efforts to remove said material
to produce a depression in general conformance with the configuration design
as shown on Exhibit "F" but only to the extent practical in light of Pur-
chaser's needs as regards the quantity and quality of materials needed for
said embankments. Purchaser shall not be required to remove material in
excess of that needed for said embankments or of unacceptable quality for
the purpose of constructing said embankments.
5. It is hereby agreed by the parties that as total considera-
tion for all conveyances, grants, easements and rights herein contained and
described Purchaser shall pay or cause to be paid to Seller the sum of
$603,995.00.
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a) Purchaser shall pay the sum of $201,331.67 at time of
closing and shall pay the balance together with interest at the rate of nine
percent (91) per annum as follows: interest shall be paid semi-annually
until the balance has been fully paid; payment of interest shall be made on
the 1st day of July and January of each year commencing on July 1, 1983.
Principal shall be paid annually in four (4) equal installments of $100,665.83
on January 1, 1984, January 1, 1985, January 1, 1986 and January 1, 1987.
b) The payments and the purchase price hereunder as set forth
in paragraph 5(a) are computed upon the basis that interest paid by Purchaser
to Seller is not subject to United States Income Tax. In the event the Internal
Revenue Service should claim that the interest paid is subject to Federal Income
Taxation, and Seller is held liable for payment of additional tax, interest
and any penalties by virtue of the fact that the interest paid by Purchaser
is subject to Federal Income Tax, Purchaser agrees to indemnify and hold
Seller harmless from any loss arising from such a claim by making an additional
payment of interest to Seller, to the extent that Seller, after paying all
such income tax, including interest and penalties, if any, shall have the
same interest income remaining as if such interest were not subject to United
States Income Tax.
6. Except as required to permit construction and maintenance of the
detention facility described herein as well as any access road thereto Pur-
chaser shall not remove trees or substantially alter the vegetation for a
period of ten (10) years upon that portion of Parcel 1 conveyed which is east
of the proposed embankment and north of Tyler Creek.
7. Purchaser agrees to grant to Seller an easement across that
portion of Parcels 3 and 4 shown as Utility Easement on Exhibit "A" for the
purpose of constructing and maintaining public utilities.
8. Purchaser, at Purchaser's expense, shall cause a survey to be
performed by licensed Illinois Land Surveyor showing the property conveyed
pursuant to paragraph 1 herein and all easements conveyed pursuant to para-
graph 3 herein.
9. The parties further agree as follows:
a) The time of closing shall be on November 15, 1982 unless
subsequently mutually agreed otherwise at the office of the Corporation
Counsel of the City of Elgin.
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b) Sellers shall deliver or cause to be delivered to Purchaser
or Purchaser's agent, not less than five (5) days prior to the time of closing,
a title commitment for an owner's title insurance policy issued by Chicago
Title Insurance Company or an Attorney Guaranteed Title Policy in the amount
of the purchase price, covering title to the real estate on or after the date
hereof, showing title in the intended grantor subject only to: (1) the title
exceptions set forth above, and (2) title exceptions pertaining to liens or
encumbrances of a definite or ascertainable amount which may be removed by
the payment of money at the time of closing and which the Sellers may so remove
at that time by using the funds to be paid upon the delivery of the deed 4IK
x thderk ieirr k dcttkx xlt] Verk, i3eak iak lx and (3) public
utility easements, and (4) exceptions 1, 2, 3, 9, 10, 11, 12, 13, 14, 15, 17
and 19 appearing on Schedule B of Chicago Title and Trust Policy No. 332960
which exceptions hereby made a part of this agreement as if same were set
(all of which are herein referred to as the permitted exceptions) .
out in full herein / The title commitment shall be conclusive evidence of good
title as therein shown as to all matters insured by the policy, subject only
to the exceptions as therein stated. Sellers also shall furnish Purchaser an
affidavit of title in customary form covering the date of closing and showing
title in Sellers subject only to the permitted exceptions in foregoing items
(1), (3), (3) and (4) and unpermitted exceptions, if any, as to which the
title insurer commits to extend insurance in the manner specified in para-
graph (c) below.
c) If the title commitment discloses unpermitted exceptions,
Sellers shall have thirty (30) days from the date of delivery thereof to have
the exceptions removed from the commitment or to have the title insurer commit
to insure against loss or damage that may be occasioned by such exceptions,
and, in such event, the time of closing shall be thirty-five (35) days after
delivery of the commitment or the time specified in paragraph 5, whichever is
later. If Sellers fail to have the exceptions removed, or in the alternative,
to obtain the commitment for title insurance specified above as to such excep-
tions within the specified time, Purchaser may terminate this contract or
may elect, upon notice to Sellers within ten (10) days after the expiration
of the 30-day period, to take title as it then is with the right to deduct
from the purchase price liens or encumbrances of a definite or ascertainable
amount. If Purchaser does not so elect, this contract shall become null and
void without further actions of the parties.
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d) General taxes, accrued interest on mortgage indebtedness,
if any, and other similar items shall be adjusted ratably as of the time of
closing. If the amount of the current general taxes is not then ascertain-
able, the adjustment thereof shall be on the basis of the amount of the most
recent ascertainable taxes. All prorations are final unless otherwise pro-
vided herein.
e) Time is of the essence of this contract.
f) All notices required shall be in writing and shall be served
on the parties at the addresses following their signatures. The mailing of
a notice by registered or certified mail, return receipt requested, shall be
sufficient service.
g) All clauses contained in the preamble of this agreement
are hereby made a part of this agreement.
h) The provisions of this agreement shall survive the closing.
i) All exhibits attached to this agreement (specifically
Exhibits "A", "B", "C", "D", "E", "F", "G" and "H") are hereby incorporated
into and made a part of this agreement.
SELLERS CITY OF ELGIN
150 Dexter Court
1 _ Elgi . IL •0120- •5
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Attest:
( ' i i t `_
•
1.---1 C.1.....X.-14...ft____..1(4.4.___,,,..,,,,...L____-
�.AZ/-..if -4 �6.- City Clerk
(141rmal
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ii/lote44,1,017 4,4444ij,„.
-6-
.
TYLER CREEK DETENTION BASIN
PROPOSED ACQUISITION - PARCEL NO. 1
That part of Sections 4, 5, 8 and 9 Township 41 North, Range 8 East of
the Third Principal Meridian, described as follows; Commencing at the
Southeast corner of Section 8, Township and Range aforesaid; thence
North 89 degrees 54 minutes West, along the South line of said Section 8,
a distance of 1065.24 feet; thence North, a distance of 875.82 feet to
the Northeasterly corner of Lot 14 in Block 3 of Third Addition to Almora
Heights; thence North 74 degrees 06 minutes West, a distance of 2114.2
feet; thence North 13 degrees 22 minutes East, a distance of 2443.7 feet
to the center line of Highland Avenue Road; thence Southeasterly, along said
center line, a distance of 72.0 feet; thence North 01 degree 33 minutes
East, to the South line of the Southeast quarter of Section 5, Township and
Range aforesaid (this point hereinafter referred to as Point "A"); thence
Easterly, along the South line of the Southeast quarter of said Section 5,
to a point on said South line that is 1087.02 feet Easterly of (measured
along said South line) the Southwest corner of the 'Southeast quarter of
said Section 5; thence Northeasterly, along a line which forms an angle of
37 degrees 26 minutes 54 seconds to the left with the prolongation of the
last described course, a distance of 202.30 feet to a point hereinafter
referred to as Point "B"; thence Southeasterly, along a line which forms
an angle of 66 degrees 39 minutes 45 seconds to the right with the prolongation
of the last described course (this course hereinafter referred to as Line "A")
a distance of 320.28 feet to a point on a line that bears South 00 degrees
03 minutes 40 seconds East from a point on the South line of the Southeast
quarter of Section 5, as aforesaid, that is 1357.62 feet Easterly of,
Exhibit B
TYLER CREEK DETENTION BASIN
. PROPOSED ACQUISITION - PARCEL NO. 1 (cont'd)
(measured along said South line) Point "A", as aforesaid; thence South-
easterly, along a continuation of the last described course, a distance of
143.96 feet for the place of beginning; thence Southeasterly, along a line
which forms an angle of 02 degrees 22 minutes 33 seconds to the right with
the prolongation of the last described course, a distance of 588.89 feet;
thence Northeasterly, along a line which forms an angle of 101 degrees 50
minutes 18 seconds to the left with the prolongation of the last described
course, a distance of 309.98 feet; thence Northeasterly, along a line which
forms an angle of 37 degrees 35 minutes 04 seconds to the right with the
prolongation of the last described course, a distance of 180.0 feet; thence
Southeasterly, a distance of 400.0 feet to the Northwest corner of Lot 2 in
Oak Creek, being a subdivision of part of the Northeast quarter of Section 8
and part of the Northwest quarter of Section 9, Township and Range aforesaid;
thence Easterly, along the North line of Lots 2 and 1 in said Oak Creek, a
distance of 490.97 feet to the Northeast corner of said Lot 1; thence
Southeasterly, alonga line that if extended Southeasterly, would intersect
the Westerly right of way line of Randall Road at a point 352.95 feet
Northeasterly of (measured along said Westerly right of way line) the
Northerly line of Fletcher Drive, as platted in said Oak Creek, a distance
of 310.15 feet to the Westerly line of a parcel of land conveyed to the
County of Kane by Quit Claim Deed recorded April 3, 1978 as Document No. 1450703;
thence Northeasterly, along said Westerly line and along said Westerly line, •
extended, a distance of 905.01 feet to the Southerly right of way line of the
Chicago and Northwestern Transportation Company; thence Northwesterly, along
.
TYLER CREEK DETENTION BASIN
• PROPOSED ACQUISITION - PARCEL NO. 1 (cont'd)
said Southerly right of way line, a distance of 2415.77 feet to the
West line of the East half of the Southeast quarter of Section 5,
Township and Range aforesaid; thence Southerly, along said West line,
a distance of 528.70 feet to a point on a line that is perpendicular to
Line "A", as aforesaid, at aforesaid Point "B"; thence Northeasterly,
along said perpendicular line, a distance of 227.0 feet; thence
Southeasterly, at right angles to the last described course, a distance
of 464.24 feet; thence Southwesterly, at right angles to the last
described course, a distance of 400.0 feet to the place of beginning.
Being situated in Elgin Township, Kane County, Illinois and containing
41.808 Acres more or less.
• TYLER CREEK DETENTION BASIN
PROPOSED ACQUISITION - PARCEL NO. 2
That part of the Southeast quarter of Section 5, and part of the Northeast
quarter of Section 8, Township 41 North, Range 8 East of the Third Principal
Meridian, described as follows: Commencing at the Southwest corner of said
Southeast quarter; thence Easterly along the South line of said Southeast
quarter, a distance of 1087.02 feet; thence Northeasterly, along a line
which forms an angle of 37 degrees 26 minutes 54 seconds to the left with the
prolongation of the last described course, a distance of 202.30 feet for
the place of beginning; thence Southeasterly, along a line which forms an
angle of 66 degrees 39 minutes 45 seconds to the right with the prolongation
of the last described course, a distance of 464.24 feet; thence Northeasterly
at right an! es to the last described course, a distance of 400.0 feet; thence
Northwesterly, at right angles to the last described course, a distance of
464.24 feet; thence Southwesterly, at right angles to the last described course,
a distance of 400.0 feet to the place of beginning. Being situated in Elgin
Township, Kane County, Illinois. and containing 4.263 Acres more or less.
. TYLER CREEK DETENTION BASIN
PROPOSED ACQUISITION - PARCEL NO. 3
That part of the Southeast quarter of Section 5 and that part of the
Northeast quarter of Section 8, Township 41 North, Range 8 East of the
Third Principal Meridian, described as follows: Commencing at the
Southeast corner of Section 8, Township and Range aforesaid; thence
North 89 degrees 54 minutes West, along the South line of said Section
8, a distance of 1065.24 feet; thence North, a distance of 875.82 feet
to the Northeasterly corner of Lot 14 in Block 3 of Third Addition to
Almora Heights; thence North 74 degrees 06 minutes West, a distance of
2114.2 feet; thence North 13 degrees 22 minutes East, a distance of
2443.7 feet to the center line of Highland Avenue Road; thence South-
easterly, along said center line, a distance of 72.0 feet; thence North
01 degree 33 minutes East, to the South line of the Southeast quarter of
Section 5, Township and Range aforesaid (this point hereinafter referred
to as Point "A"); thence Easterly, along the South line of the Southeast
quarter of said Section 5, to a point on said South line that is 1087.02
feet Easterly of (measured along said South line) the Southwest corner of
the Southeast quarter of said Section 5; thence Northeasterly, along a line
which forms an angle of 37 degrees 26 minutes 54 seconds to the left with
the prolongation of the last described course, a distance of 202.30 feet
to a point hereinafter referred to as Point "B", for the place of
beginning; thence Southeasterly, along a line which forms an angle of
66 degrees 39 minutes 45 seconds to the right with the prolongation of the
last described course,(This course hereinafter referred to as Line "A")
a distance of 320.28 feet to a point on a line that bears South 00 degrees
03 minutes 40 seconds East from a point on the South line of the Southeast
Auarter of Section 5, as aforesaid, that is 1357.62 feet Easterly of,
• TYLER CREEK DETENTION BASIN
PROPOSED ACQUISITION - PARCEL NO. 3 (cont'd)
(measured along said South line) Point "A", as aforesaid; thence South
00 degrees 03 minutes 40 seconds East, a distance of 336.69 feet; thence
Northwesterly, along a line which forms an angle of 130 degrees 12 minutes
25 seconds to the right with the prolongation of the last described course,
a distance of 410.0 feet; thence Northeasterly, at right angles to the
last described course, a distance of 50.0 feet; thence Northwesterly,
at right angles to the last described course, a distance of 200.0 feet;
thence Northeasterly, along a line which forms an angle of 68 degrees 00
minutes to the right with the prolongation of the last described course, a dis-
tance of 360.0 feet; thence Westerly, along a line which forms an angle of
97 degrees 00 minutes 00 seconds to the left with the prolongation of the
last described course, a distance of 310.0 feet; thence Southwesterly, along
a line that forms an angle of 67 degrees 00 minutes 00 seconds to the left
with the prolongation of the last described course, a distance of 310.0 feet;
thence Southerly, perpendicular to the South line of the Southeast quarter of
Section 5, as aforesaid (this course hereinafter referred to as Line "B")
a distance of 204.33 feet to the South line of said Southeast quarter; thence
Westerly, along said South line, a distance of 557.27 feet to Point "A", as
aforesaid; thence North 01 degree 33 minutes East, to the Southerly right of
way line of the Chicago and Northwestern Transportation Company; thence
Southeasterly, along said Southerly right of way line, being along a curve to
the left, a distance of 567.07 feet; thence South 81 degrees 20 minutes 40
seconds East, along said Southerly right of way line, a distance of 600.0 feet
to the West line of the East half of the Southeast quarter of said Section 5;
TYLER CREEK DETENTION BASIN
PROPOSED ACQUISITION - PARCEL NO. 3 (cont'd)
Thence South 01 degree 03 minutes 20 seconds West, along said West line,
a distance of 528.70 feet to a point on a line that is perpendicular to
Line "A", as aforesaid, at aforesaid Point "B"; thence Southwesterly,
along said perpendicular line, a distance of 173.0 feet to the place of
beginning. EXCEPTING THEREFROM the Westerly 66.0 feet (as measured at
right angles to the West line thereof). Being situated in Elgin Township,
Kane County, Illinois and containing 19.998 Acres more or less. SUBJECT
TO a Public Utility Easement over the Southerly 50.0 feet (as measured at
right angles to the South line thereof) of that part of the above described
property lying Westerly of Line "B", as aforesaid.
TYLER CREEK DETENTION BASIN
PROPOSED ACQUISITION - PARCEL NO. 4
That part of the South half of Section 5, Township 41 North, Range 8 East of
the Third Principal Meridian, described as follows: Commencing at the Southeast
corner of Section 8, Township and Range aforesaid; thence North 89 degrees 54
minutes West, along the South line of said Section 8, a distance of 1065.24 feet;
thence North, a distance of 875.82 feet to the Northeasterly corner of Lot 14
in Block 3 of Third Addition to Almora Heights; thence North 74 degrees 06
minutes West, a distance of 2114.2 feet; thence North 13 degrees 22 minutes
East, a distance of 2443.7 feet to the center line of Highland Avenue Road;
thence Southeasterly, along said center line, a distance of 72.0 feet; thence
North 01 degree 33 minutes East, to the South line of the Southeast quarter
of Section 5, Township and Range aforesaid for the place of beginning; (this point
hereinafter referred to as Point "A") Said Point "A" being also a point on a
line that is 165.0 feet Easterly of (measured at right angles thereto) and
parallel with the West Line of the Southeast quarter of Section 5, Township and
Range aforesaid; thence North 01 degrees 33 minutes East, along said parallel
line, to the Southerly right of way line of the Chicago and Northwestern
Transportation Company; thence Northwesterly, along said Southerly right of
way line, having a radius of 2565.54 feet, a distance of 510.93 feet; thence
Southwesterly along a curve to the left having a radius of 1855.0 feet, a distance
of 503.13 feet to a point 70.17 feet Southeasterly of the center line of the
Westbound track of the Chicago, Milwaukee, St. Paul and Pacific Railway (said
70.17 feet being measured along a radial line of said center line); thence
Southwesterly along a curve to the left having a radius of 3820.0 feet, a
distance of 235.0 feet; thence South 04 degrees 36 minutes 00 seconds East,
• • TYLER CREEK DETENTION BASIN
PROPOSED ACQUISITION - PARCEL NO. 4 (cont'd)
a distance of 228.24 feet; thence Southeasterly, along a line which forms
an angle of 58 degrees 23 minutes 53 seconds to the left with the prolongation
of the last described course,a distance of 320.0 feet; thence Southeasterly,
along a line which forms an angle of 17 degrees 51 minutes 44 seconds to the
right with the prolongation of the last described course, a distance of 635.67
feet to the South line, extended Westerly of the South east quarter of Section
5, as aforesaid; thence Easterly, along said South line, extended Westerly,
and along said South line, a distance of 300.0 feet to the place of beginning.
Being situated in Elgin Township, Kane County, Illinois and containing
20.216 Acres more or less. SUBJECT TO a public Utility Easement over the
Southerly 50.0 feet (as measured at right angles to the South line thereto)
of the above described property.
• TYLER CREEK DETENTION BASIN
FLOOD CONTROL EASEMENT - PARCEL NO. 7 -
That part of the Northeast quarter of Section 8, Township 41 North, Range 8
East of the Third Principal Meridian, described as follows: Commencing at
the Southeast corner of said Section 8, thence North 89 degrees 54 minutes
West, along the South line of said Section 8, a distance of 1065.24 feet;
thence North, a distance of 875.72 feet to the Northeasterly corner of Lot
14 in Block 3 of Third Addition to Almora Heights; thence North 74 degrees
06 minutes West, a distance of 2114.2 feet; thence North 13 degrees 22
minutes East, a distance of 2443.7 feet to the center line of Highland Avenue
Road; thence Southeasterly, along said center line, a distance of 72.0 feet;
thence North 01 degree 33 minutes East, to the South line of the Southeast
quarter of Section 5, Township and Range aforesaid (this point hereinafter
referred to as Point "A"); thence Easterly, along the South line of the
Southeast quarter of said Section 5, to a point on said South line that is
1087.02 feet Easterly of (measured along said South line) the Southwest
corner of the Southeast quarter of said Section 5; thence Northeasterly,
along a line which forms an angle of 37 degrees 26 minutes 54 seconds to the
left with the prolongation of the last described course, a distance of 202.30
feet; thence Southeasterly, along a line which forms an angle of 66 degrees
39 minutes 45 seconds to the right with the prolongation of the last described
course, a distance of 320.28 feet to a point on a line that bears South 00
degrees 03 minutes 40 seconds East from a point on the South line of the
Southeast quarter of Section 5, as aforesaid, that is 1357.62 feet Easterly of
(measured along said South line) Point "A", as aforesaid, for the place of
beginning; thence Southeasterly, along a continuation of the last described
course, a distance of 143.96 feet; thence Southeasterly, along a line which
forms an angle of 02 degrees 22 minutes 33 seconds to the right with the
prolongation of the last described course, a distance of 215.0 feet;
Exhibit •C
. .
• TYLER CREEK DETENTION BASIN
FLOOD CONTROL EASEMENT - PARCEL NO. 7 (cont'd)
thence Southeasterly, along a line which forms an angle of 44 degrees
43 minutes 24 seconds to the right with the prolongation of the last
described course, a distance of 391.87 feet; thence Southeasterly,
along a line which forms an angle of 56 degrees 33 minutes 42 seconds
to the left with the prolongation of the last described course, a distance
of 150.0 feet; thence Southerly, along a line which forms an angle of
69 degrees 59 minutes 54 seconds to the right with the prolongation of
the last described course, a distance of 440.0 feet; thence Westerly,
at right angles to the last described course, a distance of 540.0 feet
to a line that bears South 00 degrees 03 minutes 40 seconds East from
the place of beginning; thence North 00 degrees 03 minutes 40 seconds
West, a distance of 1056.69 feet to the place of beginning. Being situated
in Elgin Township, Kane County, Illinois and containing 9.767 Acres more
or less.
TYLER CREEK DETENTION BASIN
• � EMBANKMENT EASEMENT - PARCEL NO. 6
That part of the Northeast quarter of Sect ion 8, Township 41 North, Range
8 East of the Third Principal Meridian, described as follows: Comme,:cing
at the Southeast corner of said Section 8, thence North 89 degrees 54
minutes West, along the South line of said Section 8, a distance of 1065.24
feet; thence North, a distance of 875.72 feet to the Northeasterly corner
of Lot 14 in Block 3 of the Third Addition to Almora Heights; thence North
74 degrees 06 minutes West, a distance of 2114. 2 feet; thench 13 degrees
22 minutes East, a distance of 2443.7 feet to the center line of Highland
Avenue Road; thence Southeasterly, along said center line, a distance of
72.0 feet; thence North 01 degree 33 minutes East, to the South line of the
Southeast quarter of Section 5, Township and Range aforesaid (this point
hereinafter referred to as Point "A"); thence Easterly, along the South line
of the Southeast quarter of said Section 5, to a point on said South line
that is 1087.02 feet Easterly of (measured along said South line) the
Southwest corner of the Southeast quarter of said Section 5; thence North-
easterly, along a line which forms an angle of 37 degrees 26 minutes 54 seconds
to the left with the prolongation of the last described course, a distance
of 202.30 feet; thence Southeasterly, along a line which forms an angle of
66 degrees 39 minutes 45 seconds to the right with the prolongation of the
last described course, a distance of 464.24 feet; thence Southeasterly,
along a line which forms an angle of 02 degree 22 minutes 33 seconds to the
right with the prolongation of the last described course, (this course
hereinafter referred to as Line "C") a distance of 215.0 feet for the place
of beginning; thence Southeasterly, along a line which forms an angle of
44 degrees 43 minutes 24 seconds to the right with the prolongation of the
last described course, a distance of 391.87 feet; thence Southeasterly, along
a line which forms an angle of 56 degrees 33 minutes 42 seconds to the left
with the prolongation of the last described course, a distance of 150.0 feet;
Exhibit D
- 5 x - 4i - a
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•: TYLER CREEK DETENTION BASIN
EMBANKMENT EASEMENT - PARCEL NO. 6 (cont'd)
thence Northeasterly, a distance of 250.30 feet to a point on aforesaid
Line "C", extended Southeasterly, that is 373.89 feet Southeasterly of
(measured along said Line "C") the place of beginning; thence North-
westerly, along said Line "C", extended Southeasterly, a distance of
373.89 feet to the place of beginning. Being situated in Elgin Township,
Kane County, Illinois and containing 1.614 Acres more or less.
TIC SLIDE
D PUMP STATION
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AREA FLOODED-HYDROLOGIC ATLAS HA-147
U.S. GEOLOGICAL SURVEY, 1965
- 100 YR. FLOOD POOL
TAKE LINE
PERMANENT EASEMENT
Exhibit E
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a_todoyc - (as.$
THIS INDENTURE, made and entered into this day of
, 1982, by and between Alice J. Burnidge, Clarence D. Burnidge,
Luella F. Burnidge, W. James Burnidge, S. Bruce Burnidge, Lois A. Soule,
Charles H. Burnidge and John T. Burnidge, hereafter Grantor and the City of
Elgin, a municipal corporation, hereafter Grantee, Witnesseth:
That in and for the consideration of one dollar ($1.00) and other
good and valuable consideration, receipt of which is hereby acknowledged
Grantor does hereby grant and convey to City the following permanent ease-
ments in, upon, under, through, across and over the following described
property for the purpose of facilitating the Tyler Creek Detention project.
1. The property upon and over which the easements herein are
granted and the type of easement granted are described as follows:
a) Permanent flood control easement running with the land
for the purpose of temporary storage of water during and following periods
of excessive flow in Tyler Creek upon the following property:
That part of the Northeast quarter of Section 8, Towns' ip 41 North, Range 8
East of the Third Principal Meridian, described as follows: Commencing at
the Southeast corner of said Section 8, thence North 89 degrees 54 minutes
West, along the South line of said Section 8, a distance of 1065.24 feet;
thence North, a distance of 875.72 feet to the Northeasterly corner of Lot
14 in Block 3 of Third Addition to Almora Heights; thence North 74 degrees
06 minutes West, a distance of 2114.2 feet; thence North 13 degrees 22
minutes East, a distance of 2443.7 feet to the center line of Highland Avenue
Road; thence Southeasterly, along said center line, a distance of 72.0 feet;
thence North 01 degree 33 minutes East, to the South line of the Southeast
quarter of Section 5, Township and Range aforesaid (this point hereinafter
referred to as Point NA"); thence Easterly, along the South line of the
Southeast quarter of said Section 5, to a point on said South line that is
1087.02 feet Easterly of (measured along said South line) the Southwest
corner of the Southeast quarter of said Section 5; thence Northeasterly,
along a line which forms an angle of 37 degrees 26 minutes 54 seconds to the
left with the prolongation of the last described course, a distance of 202.30 •
feet; thence Southeasterly, along a line which forms an angle of 66 degrees
39 minutes 45 seconds to the right with the prolongation of the last described
course, a distance of 320.28 feet to a point on a line that bears South 00
Exhibit G
• degrees 03 minutes 40 seconds East from a point on the South line of the
Southeast quarter of Section 5, as aforesaid, that is 1357.62 feet Easterly of
(measured along said South line) Point "A", as aforesaid, for the place of
beginning; thence Southeasterly, along a continuation of the last described
course, a distance of 143.96 feet; thence Southeasterly, along a line which
forms an angle of 02 degrees 22 minutes 33 seconds to the right with the
prolongation of the last described course, a distance of 215.0 feet;
thence Southeasterly, along a line which forms an angle of 44 degrees
43 minutes 24 seconds to the right with the prolongation of the last
described course, a distance of 391.87 feet; thence Southeasterly,
along a line which forms an angle of 56 degrees 33 minutes 42 seconds
to the left with the prolongation of the last described course, a distance
of 150.0 feet; thence Southerly, along a line which forms an angle of
69 degrees 59 minutes 54 seconds to the right with the prolongation of
the last described course, a distance of 440.0 feet; thence Westerly,
at right angles to the last described course, a distance of 540.0 feet
to a line that bears South 00 degrees 03 minutes 40 seconds East from
the place of beginning; thence North 00 degrees 03 minutes 40 seconds
West, a distance of 1056.69 feet to the place of beginning. Being situated
in Elgin Township, Kane County, Illinois and containing 9.767 Acres more
or less.
b) Permanent easement running with the land for constructing,
maintaining and repairing an earthen embankment to facilitate flood control
in the Tyler Creek Detention Basin upon the following property:
That part of the Northeast quarter of Section 8, Township 41 North, Range
8 East of the Third Principal Meridian, described as follows: Commencing
at the Southeast corner of said Section 8, thence North 89 degrees 54
minutes West, along the South line of said Section 8, a distance of 1065.24
feet; thence North, a distance of 875.72 feet to the Northeasterly corner
of Lot 14 in Block 3 of the Third Addition to Almora Hetghts; thence North
74 degrees 06 minutes West, a distance of 2114. 2 feet; thench 13 degrees
22 minutes East, a distance of 2443.7 feet to the center line of Highland
Avenue Road; thence Southeasterly, along said center line, a distance of
72.0 feet; thence North 01 degree 33 minutes East, to the South line of the
Southeast quarter of Section 5, Township and Range aforesaid (this point
-2-
hereinafter referred to as Point "A"); thence Easterly, along the South line
of the Southeast quarter of said Section 5, to a point on said South line
that is 1087.02 feet Easterly of (measured along said South line) the
Southwest corner of the Southeast quarter of said Section 5; thence North-
easterly, along a line which forms an angle of 37 degrees 26 minutes 54 seconds
to the left with the prolongation of the last described course, a distance
of 202.30 feet; thence Southeasterly, along a line which forms an angle of
66 degrees 39 minutes 45 seconds to the right with the prolongation of the
last described course, a distance of 464.24 feet; thence Southeasterly,
along a line which forms an angle of 02 degree 22 minutes 33 seconds to the
right with the prolongation of the last described course, (this course
hereinafter referred to as Line "C") a distance of 215.0 feet for the place
of beginning; thence Southeasterly,. along a line which forms an angle of
44 degrees 43 minutes 24 seconds to the right with the prolongation of the
last described course, a distance of 391.87 feet; thence Southeasterly, along
a line which forms an angle of 56 degrees 33 minutes 42 seconds to the left
with the prolongation of the last described course, a distance of 150.0 feet;
thence Northeasterly, a distance of 250.30 feet to a point on afc,.esaid
Line "C", extended Southeasterly, that is 373.89. feet Southeasttrly of
(measured along said Line "C") the place of beginning; thence North-
westerly, along said Line "C", extended Southeasterly, a distance of
373.89 feet to the place of beginning. Being situated in Elgin Township,
Kane County, Illinois and containing 1.614 Acres more or less.
2. The Grantor shall have the undisturbed use of the ground herein-
after described insofar as such use does not interfere with the rights herein
granted to the Grantee.
3. It is expressly understood and agreed that the easements granted
herein will be subject to periodic flooding and inundation as part of the
Tyler Creek Detention project.
4. Grantor warrants that they have full right and lawful authority
to make the grants hereinabove contained.
5. Each and every one of the benefits and burdens of this agree-
ment shall innure to and be binding upon the respective legal representatives,
heirs, executors, administrators, successors and assigns of the parties
hereto.
-3-
IN WITNESS WHEREOF, Grantors have caused their signatures to be
affixed hereto.
GRANTORS
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