02-341Resolution No. 02 -341
192K9300800
AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH
THE VILLAGE OF BARTLETT, PAR DEVELOPMENT, INC.,
SPAULDING SPRINGS PROJECT PROPERTY OWNER, AND OWNER AND
DEVELOPER OF THE BELLA ROSA SUBDIVISION
FOR THE U.S. ROUTE 20 AND ROSE LANE IMPROVEMENT PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk,
be and are hereby authorized and directed to execute an
Intergovernmental Agreement on behalf of the City of Elgin with
the Village of Bartlett, Par Development, Inc., Spaulding Springs
Project property owner, and owner and developer of the Bella Rosa
Subdivision for the U.S. Route 20 and Rose Lane improvement
project and the Bella Rosa Subdivision sanitary sewer connection
to the Village of Bartlett, a copy of which is attached hereto
and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: October 23, 2002
Adopted: October 23, 2002
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
August 28, 2002
INTERGOVERNMENTAL AGREEMENT
THIS INTERGOVERNMENTAL AGREEMENT (this "Agreement ") is made and
entered into as of the ao day of _ _, 2002 by and between the
City of Elgin, an Illinois municipal corporatio (hereinafter referred to as "Elgin "); the Village
of Bartlett, an Illinois municipal corporation (hereinafter referred to as 'Bartlett'); Harris
Trust & Savings Bank, as Successor Trustee to Harris Bank Barrington N.A. as Trustee
under Trust Agreements dated July 1 ,1981 and August 1, 19 91and known as Trust Nos.
11 -4603 and 11 -4610 (hereinafter referred to as the "Harris Trust'); Par Development, Inc.,
an Illinois corporation (hereinafter referred to as "Par Development'); LaSall" Ba At
as Trustee under Trust Agreement dated April1, 1995 and known as Trust o. "fi
(hereinafter referred as the "LaSalle Trust'); and Bartlett International, Inc., an Illinois
corporation, which is the beneficiary of LaSalle National Bank Trust No. 109701 (hereinafter
collectively referred to as "Corrado ").
WITNESSETH
WHEREAS, Article 7, Section 10 of the Constitution of the State of Illinois, 1970,
authorizes units of local government, including municipalities, to enter into contracts to
exercise, combine or transfer any power or function not prohibited to them by law or
ordinance; and
WHEREAS, Illinois Compiled Statutes, Chapter 5, Section 220/1 et seq., known as
the Intergovernmental Cooperation Act, authorizes units of local government in Illinois to
exercise jointly with any other public agency within the state, including other units of local
government, any power, privilege, or authority which may be exercised by a unit of local
government individually and to enter into contracts for the performance of governmental
services, activities and undertakings; and
WHEREAS, Elgin, in conjunction with the Illinois Department of Transportation
( -iuu i -), is planning the development of a channelized and signalized intersection at U.S.
Route 20 approximately 1350 feet east of the Eastern Joliet and Elgin Railroad right -of -way
to replace the existing intersection at U.S. Route 20 and Rose Lane located in Elgin as
depicted on Exhibit A (the 'Rose Lane Intersection Project'); and
WHEREAS, IDOT has approved of a grant that will contribute $600,000.00 toward
the cost of construction of the Rose Lane Intersection Project provided Elgin acts as lead
agency with responsibility for obtaining bids, awarding the construction contract and
managing the construction of the Rose Lane Intersection Project in accordance with IDOT
rules and regulations; and
WHEREAS, Elgin has agreed to apply the monies, if any, it receives from IDOT
toward the cost of the construction of the Rose Lane Intersection Project; and
WHEREAS, Par Development is the developer of the proposed Spaulding Springs
Planned Unit Development (the "Spaulding Springs Project') consisting of 134 townhomes
and 98 single family homes, to be built on the 104 acre portion of the Par Development
Parcel in Bartlett and on the 23.2 acre portion of the Par Development Parcel currently in
unincorporated Cook County, which the Harris Trust has petitioned be annexed to Bartlett;
and
WHEREAS, Par Development is willing to dedicate land and pay for the cost of
designing and constructing the Rose Lane Intersection Project based on the understanding
that a portion of said costs will be reimbursed from the IDOT grant monies received by
Elgin; and
WHEREAS, the Rose Lane Intersection Project and the accompanying relocation
of existing Rose Lane to connect with the new intersection, if it proceeds, will improve traffic
movements and traffic safety in the area and will also benefit and serve (i) the future
residents of the proposed residential development on the Bella Rosa Parcel in Elgin; (ii) the
future residents of the proposed residential development on the Retained Parcel in Elgin;
(iii) the residents of the existing Bartlett on the Greens Subdivision in Bartlett; and (iv) the
future residents of the proposed residential development on the Par Development Parcel,
as those parcels are depicted on Exhibit A and are hereinafter legally described; and
WHEREAS, Bartlett passed Ordinance 2002 - �, approving of an Annexation
and Development Agreement which obligates Bartlett to approve of the Spaulding Springs
Project subject to certain conditions, one of which is execution and performance by Par
Development of its obligations under this Agreement; and
WHEREAS, the Trustee of the LaSalle Trust is the owner of certain real property,
a portion of which is located in Elgin, that real property being more particularly described
on Exhibit C which is attached to and incorporated into this Agreement (the "LaSalle
Parcel'); and
WHEREAS, the LaSalle Parcel is located adjacent to the eastern boundary of the
Par Development Parcel; and
WHEREAS, Elgin passed Ordinance No. approving of a site plan for a
residential development project known as the 'Bella Rosa Project' on a 28.5 +/- acre
portion of the LaSalle Parcel located in Elgin (the "Bella Rosa Parcel'), and which is legally
described on Exhibit D; and
WHEREAS, Elgin has also approved of a five lot subdivision on a 11 +/- acre portion
of the LaSalle Parcel located immediately south of the Bella Rosa Parcel (the "Retained
Parcel') which is currently being used as a golf course by the Villa Olivia Golf Course and
Country Club, which is legally described on Exhibit E; and
WHEREAS, in connection with a zoning petition filed with Bartlett by the Trustee of
the LaSalle Trust and the Villa Olivia Development Company with respect to other land
previously owned by the LaSalle Trust within the corporate limits of Bartlett, the Village of
Bartlett passed Ordinance No. 87 -42 on August 26, 1987 ( "Bartlett Ordinance 87 -42 "),
which rezoned certain property commonly known as the Villa Olivia Property in Bartlett and
granted a special use permit for a Planned Unit Development (the "Villa PUD "); and
WHEREAS, as
part of the Villa PUD,
Bartlett approved of the Bartlett on
the Greens
Subdivision in Bartlett,
which is east of and
adjacent
to the Retained Parcel
in
Elgin; and
WHEREAS, Bartlett and the owner and developer of the Villa PUD contemplated
that the LaSalle Parcel located in Elgin may, in the future, develop in Elgin, but need to be
connected to the Bartlett sanitary sewer system; however, Bartlett Ordinance 87 -42
provided that no portion of the LaSalle Parcel located in the City of Elgin may be connected
to Bartlett's sanitary sewersystem until a written agreement has been entered into between
Bartlett and Elgin relative to maintenance responsibility and the collection of user charges
therefor; and
WHEREAS, the sanitary sewer improvements installed in the Bartlett on the Greens
Subdivision developed in Bartlett on a portion of the Villa Olivia Property were oversized
and extended almost to the LaSalle Parcel at the expense of the developer of the Villa
PUD, in accordance with the engineering plans approved by the Bartlett Village Engineer
in contemplation of the LaSalle Parcel eventually connecting to the Bartlett sanitary sewer
system; and
WHEREAS, Elgin, the developer of the Bella Rosa Parcel and the Retained Parcel
are now seeking to connect the LaSalle Parcel to the Bartlett sanitary sewer system and
to enter an Intergovernmental Agreement as contemplated by Bartlett Ordinance 87 -42;
and
WHEREAS, Bartlett has, until now, been unwilling to enter such an agreement
because of Bartlett's desire to obtain reasonable written assurance (as herein contained)
that the Rose Lane Intersection Project will be built, because it believes that the current
Rose Lane intersection cannot safely handle the additional traffic that will be generated by
the Bella Rosa Project in Elgin, the development of the Retained Parcel in Elgin, or the
Spaulding Springs Project in Bartlett; and
WHEREAS, Bartlett needs to obtain a watermain easement ( "Watermain
Easement ") from the LaSalle Trust so that the Bartlett water system can be extended
across the Retained Parcel to the Par Development Parcel so that water service is made
available to serve the Spaulding Springs Project on the Par Development Parcel; and
WHEREAS, Par Development is willing to
conveyed for road right -of -way for relocated Rose
cost of the Rose Lane Intersection Project, and
hereinafter set forth, provided the Trustee of the
Easement to Bartlett at no cost to Bartlett or Par Dee
Spaulding Springs Project; and
prepare the plans, cause land to be
Lane, advance monies to pay for the
otherwise perform its obligations as
LaSalle Trust grants the Watermain
elopment, and Bartlett approves of the
WHEREAS, the parties hereto recognize that it is in their mutual interest to facilitate
the construction of the Rose Lane Intersection Project (with the accompanying realignment
of existing Rose Lane located on the LaSalle Parcel so as to connect to said new
intersection), to connect the sanitary sewer system to be constructed on the LaSalle Parcel
with Bartlett's sanitary sewer system so as to provide sanitary sewer service for the Bella
Rosa Parcel and the Retained Parcel, and to procure the Watermain Easement to connect
the Par Development Parcel to the Bartlett water system; and
WHEREAS, this Agreement is entered into to facilitate the development of the Rose
Lane Intersection Project, the LaSalle Parcel, the Par Development Parcel and adjacent
lands, and to define certain obligations of, and certain benefits to the parties hereto with
respect to said development; and
WHEREAS, Elgin is a home rule unit of government which may exercise any power
or perform any function relating to its government and affairs, and Bartlett is a home rule
unit of government which may exercise any power or perform any function relating to its
government and affairs; and
WHEREAS, the various undertakings by Elgin in this Agreement relate to the
government and affairs of Elgin, and the various undertakings by Bartlett in this Agreement
relate to the government and affairs of Bartlett;
NOW, THEREFORE, for and in consideration of the mutual promises and
undertakings set forth herein, and for other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
Part I -- Rose Lane Intersection Project
1. Elgin shall work in conjunction with IDOT and Par Development in the
planning, development and construction of the Rose Lane Intersection Project. It is agreed
and understood, however, Elgin will not itself be obligated to construct the Rose Lane
Intersection Project, but will simply use good faith efforts to cause same to be completed
by a private developer ( "Developer ") at the expense of such Developer (overand above the
funds made available by IDOT).
2. If Elgin enters into an intersection development agreement ( "IDA ") with a
Developer, then Elgin shall be responsible for obtaining bids, awarding the construction
contract and managing the construction of the Rose Lane Intersection Project, all in
accordance with applicable ]DOT rules and regulations.
3. If Elgin enters into an IDA with a Developer Elgin shall employ a consulting
engineer in accordance in applicable iDOT rules and regulations to provide construction
engineering services for the Rose Lane Intersection Project as the lead agency for said
project and to ensure all requirements of the construction plans, specifications and permits
are satisfied.
4. It is agreed and understood that nothing in this Intergovernmental Agreement
shall obligate Elgin to build (or cause to be built) the Rose Lane Intersection Project.
Elgin's participation in the construction of the Rose Lane Intersection Project shall be
contingent upon Par Development satisfying the following requirements:
a. Par Development shall prepare plans, specifications and bid
documents necessary to construct the Rose Lane Intersection Project. Par
Development shall make any revisions necessary to obtain from IDOT a permit for
the construction of the Rose Lane Intersection Project.
b. Par Development shall convey or cause to be conveyed to IDOT at no
cost the real property necessary to establish the requisite right -of -way for the Rose
Lane Intersection Project.
C. The Trustee of the Harris Trust shall convey or cause to be conveyed
to Elgin at no cost an eighty -foot (80') wide right -of -way extending from the
centerline of U.S. Route 20 to four hundred (400) feet south and additional right -of-
way as may be required to construct an access road to the Consolidated
Freightways business operating at 1601 Villa Avenue, Elgin, Illinois.
d. Par Development shall be responsible forand pay all costs associated
with the Rose Lane Intersection Project including, without limitation, the planning,
engineering, development and construction thereof. Upon obtaining a permit for the
construction of the Rose Lane Intersection Project from IDOT and the conveyance
to Elgin of the right -of -way described in subparagraph (c) of this paragraph, and
prior to Elgin issuing bids for the construction of the Rose Lane Intersection Project,
Par Development shall pay to Elgin a sum of money in the amount of one hundred
ten percent (110 %) of the Elgin City Engineer's approved estimate of cost for the
engineering and construction of the Rose Lane Intersection Project to guarantee
the completion of, and payment for, the contemplated work. Elgin shall utilize such
monies from Par Development towards the cost of the Rose Lane Intersection
Project.
Upon receipt of monies by Elgin from IDOT for the Rose Lane Intersection
recited in this Agreement and the requirements in any contract between the City and Par
Development regarding the Rose Lane Intersection Project, Elgin shall reimburse to Par
Development such monies received from IDOT for the Rose Lane Intersection Project.
6. Elgin, at Par Development's request, shall prepare a recapture ordinance,
which will enable Par Development to recoup its costs for the engineering, right -of -way
conveyance, construction and construction observation of the Rose Lane Intersection. Any
such recapture ordinance shall expressly exclude any funds provided by IDOT for the
construction of the Rose Lane Intersection and shall only include costs that are directly
attributable to the construction of the Rose Lane Intersection Project. Any such recapture
ordinance shall identify therein certain adjoining properties (all of which are located within
the City of Elgin) for which there is a reasonable expectation that the owners of such
adjoining properties would seek annexation or require development approval by Elgin and
shall provide for payment by the adjoining property owner(s) for a pro rata share of the
value of the Rose Lane Intersection Project improvements. The recapture shall be payable
prior to the passage of an ordinance annexing such adjoining property or prior to
development approval by Elgin, to the extent Elgin may lawfully do so.
7. The parties hereto acknowledge and agree that hereby acknowledges and
agrees that Elgin's only financial contribution towards the costs of the Rose Lane
Intersection Project will be from IDOT grant funds, if any, received by the City from MOT
for the Rose Lane Intersection Project and that Elgin shall not be required to make any
other contribution or otherwise provide funding for the said project.
8. Bartlett shall not be required to contribute any funds to the Rose Lane
Intersection Project or for the Watermain Easement.
9. Bartlett agrees to the realignment of that portion of existing Rose Lane
located on the LaSalle Parcel so as to connect to the new Rose Lane Intersection,
Part 1l -- Sanitary Sewer Connection and Watermain Easement
10. Bartlett hereby agrees to allow the developer of the Bella Rosa Project, and
to allow the developer of the Retained Parcel, both lying in Elgin, to connect sanitary sewer
lines serving said properties to Bartlett's existing sanitary sewer system. Bartlett's
agreement to allow such permission to connect to Bartlett's existing sanitary sewer is
subject to payment of all of Bartlett's reasonable expenses in connection therewith,
including, without limitation, all engineering costs related thereto. The Bella Rosa
developer and the developer of the Retained Parcel shall each make such connection to
Bartlett's existing sanitary sewer in compliance with plans approved by Bartlett's Village
Engineer. In the event the Bella Rosa Project develops before the Spaulding Springs
Project, all of the sanitary sewers therefor installed on the LaSalle Parcel where depicted
in green on Exhibit A will connect to Bartlett's existing sanitary sewer in the existing Rose
Lane right -of -way in the Bartlett on the Greens Subdivision, but it will be necessary for the
developer of the Bella Rosa Project to install at its expense a temporary lift station in the
Road B right -of -way adjacent to Lot 9 in Elgin, and a force main along Lots 9, 31, 30, 29
and 28. At such time as the Spaulding Springs Project is built and the sanitary sewer
therefor is installed on the Par Development Parcel where depicted in green on Exhibit A,
the lift station shall be removed and a portion of the Bella Rosa Project will be served by
gravity sewer connecting to the Bartlett sewer system on the Par Development Parcel, and
a portion will be served by gravity sewer connected to the Bartlett sanitary sewer system
at the existing Rose Lane right -of -way in the Bartlett on the Greens Subdivision. In the
event the Bella Rosa Project and the Spaulding Springs Project develop at the same time,
the temporary lift station and force main will not be necessary and Bella Rosa and the
Retained Parcel sewers will be served by gravity sewer connected to the Bartlett sanitary
sewer system at the two connection locations depicted on the Preliminary Engineering
Plans prepared by Haeger & Associated, Inc. dated November 28, 2000, last revised
July 26, 2002, which plans are incorporated herein by reference.
CO
11. Any disturbance to Bartlett's utilities necessary to facilitate the connection of
the LaSalle Parcel to the Bartlett sanitary sewer system shall immediately be repaired or
replaced by the developer thereof without cost to Bartlett, otherwise Bartlett may
disconnect said property from its sanitary sewer system, without notice or hearing, until the
cost of said repair and /or replacement work is paid for by the said developer.
12. All costs associated with the design, installation and maintenance of sanitary
sewer lines on and serving the Bella Rosa Parcel shall be the responsibility of the
developer of the Bella Rosa Parcel, and all costs associated with the design, installation
and maintenance of the Retained Parcel shall be the responsibility of the developer of the
Retained Parcel, and each of their respective successor owners and developers of such
parcels until such time as such lines are dedicated to and accepted by Elgin (at which time
maintenance thereof shall become Elgin's responsibility), and in no event shall Bartlett have
any responsibility therefor. Bartlett will not charge a sewer fee or user fee to the Elgin
residents residing on the Bella Rosa Parcel or the Retained Parcel unless and only to the
extent , if any, required by the MWRD, in which event Elgin will cooperate with Bartlett in
the levy, extension and collection of said fees. In the event said developer and /or the
successor owners fail to properly and adequately maintain said sanitary sewer mains and
lines, and replace them if and when necessary, Bartlett may disconnect said property from
its sanitary sewer system unless the developer thereof, the successor owners or Elgin pay
for said repairs and /or replacement work.
13. Bartlett International, Inc. shall cause the Trustee of the LaSalle Trust to grant
to Bartlett, without charge to Bartlett or recapture from the Trustee of the Harris Trust, Par
Development, or any other party, the Watermain Easement through the Retained Parcel
in the form attached as Exhibit G. The location of the Watermain Easement shall be along
the rear of the proposed 12 single family home lots as shown in blue on Exhibit A attached
hereto. All costs associated with the design, installation and the maintenance of the
watermain in the Watermain Easement shall be the responsibility of Par Development until
such time as said water main is accepted by Bartlett, and ownership of the watermain is
transferred to Bartlett, at which time Bartlett shall become obligated to maintain it.
Part /// -- Genera/ Provisions
14. The Recitals are an integral part of this Agreement and are hereby expressly
incorporated herein.
15. This Agreement shall be binding upon and inure to the benefit the parties
hereto and their respective heirs, legatees, legal representatives, grantees, successors and
assigns.
16. This Agreement is made between the parties in recognition of the unique
circumstances involving (i) the LaSalle Parcel's location within the jurisdictional boundary
of Elgin but adjacent to the boundaries of Bartlett, (ii) the adjacency of the LaSalle Parcel
to the pending development of the Par Development Parcel, (iii) the necessity for Elgin's
assistance to facilitate the construction of the Rose Lane Intersection, and the need for
Bartlett to acquire the Watermain Easement through the LaSalle Parcel in Elgin to provide
a
water to the Par Development Parcel and potentially other properties in Bartlett to the west.
This Agreement shall not be construed or interpreted as a precedent for any other property
or other purpose.
17. Each party hereto represents to the other that it has full knowledge as to all
material matters bearing on the respective positions and obligations that are addressed by
this Agreement and acknowledges the reliance of the other party on the representations
and undertakings set forth herein in entering into this Agreement.
18. This Agreement embodies the entire agreement of the parties with respect
to the subject matter hereof. There are no promises, terms, conditions or obligations other
than those contained herein. This Agreement shall not be modified except with the written
consent of the parties; provided, however, that Elgin shall be free to make or approve minor
modifications to the development plan for the LaSalle Parcel so long as such modifications
do not materially alter the agreements contained herein regarding the New Rose Lane
Intersection, the Watermain Easement, or Bartlett's costs and obligations with respect to
the use of Bartlett's sanitary sewer system; and Bartlett shall be free to make or approve
of minor modifications to the development plans for the Par Development Parcel so long
as such modifications do not materially alter the agreements contained herein regarding
the New Rose Lane Intersection, or Elgin's costs and obligations with respect thereto.
19. In the event that the LaSalle Trust and the current developer of the Bella
Rosa Parcel, Westfield Homes, are unable to reach a final agreement and the Bella Rosa
Project does not proceed, then in the event that an alternate single family home
development is submitted to and approved of by Elgin (the "Alternate Residential
Development "), Bartlett agrees that it will allow the Alternate Residential Development to
connect to the Bartlett sanitary sewer system only in the event the following conditions
precedent have been satisfied: (i) the volume of effluent projected to be generated by such
Alternate Residential Development shall not be substantially greater than that which would
have been generated by the Bella Rosa Project and by the five lots on the Retained Parcel
as determined by the Bartlett Village Engineer; (ii) the number of units in the Alternate
Residential Development on the Bella Rosa Parcel shall be the same or less than the
number of units in the Bella Rosa Project and there shall be no more than five single family
lots on the Retained Parcel; (iii) the roadway and utility layout, size and location for the
Alternate Residential Development shall be substantially the same as shown on the site
plan and engineering plans approved of by Elgin for the Bella Rosa Project and for the five
lots on the Retained Parcel; (iv) the LaSalle Trust shall have executed the Watermain
Easement Agreement and the same shall have been delivered to Bartlett; (v) the Rose
Lane Intersection Project shall have been constructed and the traffic signals therefor shall
have been installed and made operational; (vi) all of the duties and obligations of each of
the parties to this Agreement as contained herein shall have been performed and satisfied.
20. Neither Elgin nor Bartlett shall be under any obligation to exercise any of the
rights granted to it in this Agreement except as it shall determine to be in its best interest
from time to time. The failure of any party to this Agreement to exercise at any time any
such right shall not be deemed or construed a waiver thereof, nor shall such failure void or
affect such party's right to enforce such right or any other right.
an
21. Unless expressly provided to the contrary in this Agreement, each and every
one of the rights, remedies and benefits provided by this Agreement shall be cumulative
and shall not be exclusive of any other such rights, remedies and benefits allowed by law.
22. This Agreement is and shall be deemed and construed to be the joint and
collective work product of the parties hereto, and, as such, this Agreement shall not be
construed against any party, as the otherwise purported drafter of same, by any court of
competent jurisdiction and order resolving any inconsistency, any ambiguity, vagueness
or conflict in the terms or provisions, if any, contained herein.
23. Severability. If any clause or provision of this Agreement is determined to be
illegal, invalid, or unenforceable under present or future laws, the remainder of this
Agreement shall not be affected by such determination, and in lieu of each clause or
provision that is determined to be illegal, invalid or unenforceable, there shall be added as
a part of this Agreement a clause or provision as similar in terms to such illegal, invalid or
unenforceable clause or provision as may be possible and be legal, valid and enforceable.
IN WITNESS WHEREOF, the parties hereto have entered into and executed this
agreement on the date and year first written above.
CITY OF ELGIN VILLAGE OF BARTLETT
By: B .
Ed Schock, Mayor Catherine elchert Pre nta,,
Attest: Attest:
Dolonna Mecum, City Clerk Lind
Harris Trust & Savings Bank, as
successor trustee to Harris Bank
Barrington N.A. as Trustee u /t/a
Lu
x '7/1/f41 and 8/1/g1 a /k /a Trust
! Nos. 11 -4603 and 11 -4610
w By.
Titlek v °h, €w r^r ml
° Attest:
auk" M3
W w Title: ttrrSr;nR SW g Land Trust Administrator
W 3:
allien, Village
LaSalle National Bank, as Trustee u /t/a
dated 4/1/95 a /k/a Trust No oOMJrso v
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personal respanSibilflp b ossumeo by a shag of orN Jima traaWteo or antsMO le oggnst the
Trustee on account of any warronfg mdemnrtgrapresentMion, co!tenant,undertpkpg as
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Par Deve�tflnc
`'l President
Attest:
Till
10
Bartlett International, Inc.
By:
Daniel S. Corrado, Sr., President
Attest:
Title:
This instrument is executed by Harris Trust & Savings Bank Successor Trustee to Harris Bank Barrington, N.A. as
Trustee under the provisions of a Trust Agreement dated August 1, 1991 and July 1, 1991 known as Trust
Nos.11 -4603 and 11 -4610 not personally, but solely as Trustee aforesaid, in the exercise of the power and authority
conferred upon and vested in it as such Trustee. This instrument is executed and delivered by the Trust solely in
the exercise of the powers expressly conferred upon the Trustee under the Trust and upon the written direction of
the beneficiaries and /or holders of the power of direction of said Trust and Harris Trust & Savings Bank Successor
Trustee to Harris Bank Barrington, N.A. warrants that it possesses full power and authority to execute this
instrument. It is expressly understood and agreed by and between the parties hereto, anything herein to the
contrary notwithstanding, that each and all of the representations, warranties, covenants, undertakings and
agreements herein made on the part of the Trustee while in form purporting to be the said representations,
warranties, covenants, undertakings and agreements of said Trustee are each and every one of them not made with
the intention of binding Harris Trust & Savings Bank Successor Trustee to Harris Bank Barrington, N.A. in its
individual capacity, but are made and intended solely for the purpose of binding only that portion of the Trust
property specifically described herein. No personal liability or personal responsibility is assumed by or nor shall at
any time be asserted or enforceable against the Harris Trust & Savings Bank Successor Trustee to Harris Bank
Barrington, N.A. on account of any representations, Warranties, (including but not limited to any representations
and /or warranties in regards to potential and /or existent Hazardous Waste) covenants, undertakings and
agreements contained in the instrument, (including but not limited to any indebtedness accruing plus interest
hereunder) either expressed or implied or arising in any way out of the transaction in connection with which this
instrument is executed, all such personal liability or responsibility, if any, being expressly waived and released, and
any liability (including any and all liability for any violation under the Federal and /or State Environmental or
Hazardous Waste laws) hereunder being specifically limited to the Trust assets, if any, securing this instrument.
Any provision of this instrument referring to a right of any person to be indemnified or held harmless, or reimbursed
by the Trustee for any costs, claims, losses, fines penalties, damages, costs of any nature including attorney's fees
and expenses, arising in any way out of the execution of this instrument or in connection thereto are expressly
waived and released by all parties to and parties claiming, under this instrument. Any person claiming or any
provision of this instrument referring to a right to be held harmless, indemnified or reimbursed for any and all costs,
losses and expenses of any nature, in connection with the execution of this instrument, shall be construed as only a
right of redemption out of the assets of the Trust. Notwithstanding anything in this instrument contained, in the
event of any conflict between the body of this exoneration and the body of this instrument, the provisions of this
paragraph shall control. Trustee being fully exempted, nothing herein contained shall limit the right of any party to
enforce the personal liability of any other party to this instrument.
EXHIBIT LIST
Exhibit A Pavia - Marting Map
Exhibit B Par Development Parcel
Exhibit C LaSalle Parcel
Exhibit D Bella Rosa Parcel
Exhibit E Retained Parcel
Exhibit F Grant of Easement Agreement
LEGAL DESCRIPTION
OF THE PAR DEVELOPMENT PARCEL IN BARTLETT
PARCEL 2:
EXHIi3I T B
4 PORTION OF THE WEST 1r2 OF THE SOU'T'HEAST 11144 OF SECTION 29, TOWNSHIP 41 NORTH,
&A,NGE g EAST CF THE THZnZ, PRZNCZPA:.. MERZDZAJ;, HOUND g„D AND DESCRIBED AS FOLLO'dS:
BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SAID WEST L/2 OF THE SOUTHEAST L14
AND THE NORTH LINE OF THE HIGHWAY, SAID POINT BEING 631.00 NORTH OF THE SOUTHWEST
CORNER OF SAID WEST 1/2 OF THE SOUTHWEST 1/4; THENCE EAST ALONG THE NORTH LINE OF
SAID HIGHWAY, 118.00 FEET TO THE POINT OF BEGINNING OF THE LAND TO BE DESCRIBED:
THENCE' NORTHERLY IN A STRAIGHT LINE, 300.00 FEET TO A ?OINT, WHICH IS 100.00 FEET
EAST_ OF THE SAID WEST LINE OF THE WEST 1/2 OF TuE SOUTHEAST 1/4; '_".9ENCI WEST,
PARALLEL TO THE NORTH LINE OF SAID HIGHWAY, 100.00 FEET TO A POINT IN THE WEST LINE
OF SAID WEST 1/2 OF THE SOUTHEAST 1/4; THENCE NORTH ALONG THE WEST LINE OF SAID WEST
lit
OF .H£ SOUTHEAST 1 {4, x.722 .:.c FEET (DEED 1734 FEET) a.. THE NORTH'W EST CORNER
THEREOF; THENCE EAST ALONG THE NORTH LINE OF SAID WEST 1/2 OF THE SOUTHEAST 1/4,
1214.00 FEET; THENCE SOUTHERLY IN A STRAIGHT LINE, 351.90 FEET. (DEED 352 FEET) TO A
POINT, WH._H IS 1251 00 FEET EAST OF SAID WEST LINE OF SAID WEST L/2 OF THE SOUTH71I
1/4 AND 350.00 FEET SOUTH OF THE %ORTH LINE THEREOF; THENCE SOUTHWESTERLY TIN A
STRAIGHT LINE, 1755.53 FEET (DEED 1757 FEET) TO A POINT 200.00 FEET EAST OF SAID WEST
LINE OF SAID WEST 1/2 OF THE SOUTHEAST 1/4 AND 300.00 FEET NORTH OF THE NORTH LINE OF
THE HIGHWAY; THENCE SOUTH IN A STRAIGHT LINE, 300.00 FEET TO A POINT IN THE NORTH
LINE OF SAID HIGHWAY, 210.00 FEET EAST OF SAID WEST LINE OF SAID WEST 1/2 OF THE
SOUTHEAST 1/4; THENCE WEST ALONG THE NORTH LINE OF SAID HIGHWAY, 100.00 FEET TO THE
POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS.
PARCEL 3:
A PORTION
OF
THE
WEST 1/2
OF THE NORTHEAST 1/4
OF SECTION
29, TOWNSHIP
41 NORTH,
RANGE 9,
EAST
OF
THE THIRD
PRINCIPAL MERIDIAN,
HOUNDED AND
DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID WEST 1/2 OF THE NORTHEAST 1/4; THENCE EAST
ON AND ALONG THE SOUTH. LINE OF SAID WEST 1/2 OF THE NORTHEAST 1/4, A DISTANCE OF
1214.00 FEET; THENCE NORTHWESTERLY IN A STRAIGHT LINE, 1585.75 FEET (DEED 1590 FEET)
TO A POINT, WHICH IS 1033.00 FEET EAST OF THE WEST LINE OF SAID WEST 1/2 OF THE
NORTHEAST i /4; THENCE WEST, 1033 FEET TO A POINT IN THE WEST LINE OF SAID WEST 1 /2 OF
THE NORTHEAST 1/4; THENCE SOUTH ON AND ALONG THE WEST LINE OF SAID WEST 1/2 OF THE
NORTHEAST 1/4, 1580.00 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, T_LLINOIS.
PARCEL 4:
THAT PART OF THE SOUTHEAST 1/4 OF SECTION 29; TOWNSHIP 41 NORTH, RANGE 9, EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WEST LINE OF THE SOUTHEAST 1/4 AND THE
t CENTERLINE OF HIGHWAY, BEING 613.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE
(I SOUTHEAST 1/4; TIRENCE NORTIt Y' ALONG THE CENTE_RLiNE, 111.00 FEET; THENCE NORTHERLY
IN A STRAIGHT LINE, 330 -DO FEET TO A POINT 100.00 FEET EAST OF SAID NEST LINE; THENCE
WESTERLY PARALLEL TO THE CENTERLINE OF HIGHWAY, 100.00 FEET TO A POINT IN SAID
WESTERLI LINE; THENCE SDUIEERLY Z%LU&G SAID WEST LINE, 3jty. D� FEET 2D THE PLACE OF
BEut NNIav, IN COOK COUNTY) ILL iiNOIS.
s
PARCEL S:
LHAT PART OF TRF WEST 1/2
THIRD PRJI NCIPAL MERIDI.Aiv',
EASTERS. RAILWAY ADD NORTH
PACIFIC RAILROAD, (o CSP-T
E
OF SECTION 29, TfrWNSKIP 41
LY3ivv FAST
F R4unl OF
OF THE RIGHT OFrt' „AY OF CHI
THAT PART OF =E SOUTHWaS.
WORT a,
WAY OF
IAGO, MS
iii vc^+
RASMi 9, EAST OF THE
THE ELGIN, JCLIE, AND.
LWAUKs'a S.. MUl- AND
SeCTSON 2?, A-=ORSAID
BEGINNING AT THE TNT_FRSECTTGN nE. THE NORTH T.TNE OF THE RIGHT QF m1v QF THE r,STrAGn
i MIL' -EAU FP', C PALi AND PACIFIC R.AILRC.kD WITH THE EAST LINE OF THE RIGHT OF WAY OF
S
THE aAtIK C'A.ti - t D SO T IMW S R-AILINAY COMPANY, THENICE NORTHEASTERLY L2 RODS: t .�.CR FAST
14t 26 RODS PENCE SOUTH. 17 RODS TO THE NORTH LINE OF THE RIGHT OF WAY OF THE C _CAGO,
_. MILWAUKEE. ST. PAUL AND PACIFIC RAILROAD COMPANY} THENCE iJORTi-IWESTERLY -TM THE POINT
OF AND (EXCEPT THAT PART OF THE LAIM DESCRIBED AS FOLLOWS:
COMMENCING WHERE THE 1,'2 SECTION LINE OF SATD SECTION 2°. INTERSECTS THE NORTH.E11"Y
Lrnlr OF mj;c C,v,I C,AGri MILWAUKEE, c;_ PANL AND PACIFIC op TL.ROAD FORMERLY KNOWN AS
CHICAGO AND PACIFIC RAILROAD; THENCE NORTHWESTERLY ON SAID RAILROAD, 1.112 -1/2 CHAINS;
THENCE NORTH 2,59 CHAINS; THENCE 3.23 CHAINS TO 3(2 SECTION LINE; THENCE 2.v_ CHAINS
ALONG SAID 1/2 SECTION LINE; THENCE WEST 1.23 -1/2 CHAINS TO THE POINT OF BEG INagSNG },
IN COOK COUNTY, ILLINOIS.
EXHIBIT B
LEGAL DESCRIPTION OF PAR DEVELOPMENT PARCEL IN ELGIN
THAT PART OF THE NORTHEAST 1/4 OF SECTION 29, TOWNSHIP Ai WORTH, RANGE 9, EAST OF
- THE -THIRD PRINCIPAL MERIDIAN, DESCRIBED AS- FELLOWS:
COMMENCING AT A POINT X& THE CENTERLINE OF THE ILLINOIS F,IGi4i3AY RCUmlw NO. S.
554..4 -FEET SOUTH AND NORTH &4 DEGREES, 30 .MINUTES WEST, 657.36 FEET FROM THE
NORTHEAST CORNER OF SA"D SECTION 29; THENCE SOUTHERLY, A DIST.%CE OF 2173.38 FEET
TO A POINT IN
THE SOUTH LINE OF SAID NORTHEAST 1/4, THAT IS 655.38 FEET EAST OF
THE SOUTHWEST_ CORNER OF THE EAST 112 OF SAID NORTHEAST 1 /e; THENCE WESTERLY ALONG
THE SOUTH LINE OF SAID NORTHEAST 1/4, A DISTANCE OF 762.8 FEET TO A POINT 1214.0
FEET EAST OF THE SOUTHWEST CORNER OF SAID NORTHEAST 114; THENCE NORTHWESTERLY IN
A STRAIGHT LINE, 1590.0 FEET TO A POINT 1033.0 FEET EAST OF THE WEST LINE OF THE
f WEST 1(2 OF THE SAID NORTHEAST 1/4; THENC4 EAST PARALLEL WITH THE SOUTH LINE'OF'
t SAID NORTHEAST 1/4, A DISTANCE OF 360.94 FEET; THENCE NORTHERLY ALONG A LINE THAT
FORMS AN ANGLE CF 88 DEGREES, 2i MINUTES, 17 SECONDS TO THE LEFT WITH THE
PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF $34.25 FEET; THENCE
€AST €RLY ALONG A LINE THAT FORMS AN ANGLE 85 DEEGREEES, 34 MINUTES, 17 SECONDS TO
THE RIGHT OF THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTAAXE OF 9,83
FEET TO THE CENTERLINE OF OLD ILLIIZ79 HIGHWAY ROUSE NO, 5; THENCE NORTHWESTERLY
ALONG SAID CENTERLINE, A DISTANCE OF 138.77 FEET TO A POINT THAT IS 37.0 FEET
NORTHWESTERLY OF AS MEASURED ALONG SAID CENTERLINE, THE EAST r_TNF OF THE WEST 1(2
i
OF SAID NORTHEAST 1 /a; THENCE SOUTHERLY PARALLEL 144TH THE EAST LINE OF SAID WEST
I 1/2, A DISTANCE OF 90.0 FEET; THENCE WESTERLY AT RIGHT ANGLES TO THE LAST
DESCRIBED COURSE, BEING ALONG A LINE HEREAFTER REFERRED TO AS "LINE A ", A
{ DISTANNCE OF 235.83 FEET; THENCE SOUTHWESTERLY ALONG A LINE THAT FORMS AN ANGLE OF
65 DEGREES, 51 MINUTES TO THE LEFT WITHH THE PROLONGATION OF THE LAST DESCRIBED
COURSE, A DISTANCE OF 162.66 FEET; THENCE SOUTHWESTERLY ALONG A LINE THAT FORMS
AN ANGLE OF 19 DEGREES, 15 MINUTES TO THE RIGHT WITH THE PROLONGATION OF THE LAST
DESCRIBED COURSE, A DISTANCE OF 133.0 FEET, TO A LINE, THAT IS .PARALLEL WITH
4 LINE A" AND 110.8 FEET SOUTHERLY OF THE SOUTHERLY FOUNDATION LINE OF THE ELGIN
�! STORAGE AND TRANSFER COMPASP_"S FREIGHT TERMINAL BUILDING; THENCE, WESTERLY ALONG
SAIII PARALLEL LINE, A DISTANCE OF 653.0 FEET TO A LINE, THAT IS EASTERLY OF AND
( PARALLEL. WITH A SPUR TRACT; THENCE NORTHWESTERLY ALONG SAID PARALLEL LINE, A
i DISTANCE OF 335.0 FEET, MORE OF LESS TO A POINT ON THE EASTERLY RIGHT: WAY LINE OF
i THE ELGIN, TOLIET AND EASTERN RAILWAY, THAT IS 197.0 FEET SOUTHERLY OF (AS .
It MEASURED ALONG SAID EASTERLY RIGHT OF WAY LINE) OF THE NORTH LINE SAID NORTHEAST
1/4; THENCE SOUTHWESTERLY ALONG SAID EASTERLY RIGHT OF WAY LINE, A DISTANCE OF
514.00 FEET FOR THE POINT OF BEGINNING; THENCE EASTERLY PARALLEL WITH "LINE A" AS
AFORESAID, A DISTANCE OF 1042.0 FEET; THENCE NORTHERLY AT RIGHT ANGLES TO THE
LAST DESCRIBED COURSE, A DISTANCE OF 269.25 FEET; THENCE NORTHEASTERLY ALONG A
LINE, THAT FORMS AN ANGLES OF i9 DEGREES, i5 MINUTES TO THE RIGHT WITH THE
PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 154.24 FEET; THENCE
EASTERLY PARALLEL WITH "LINE A" AS AFORESAID, A DISTANCE OF 204.24 FEET TO THE
EAST LINE OF THE WEST 1/2 OF THE NORTH EAST 1/4 OF SAID SECTION 29; THENCE
NORTHERLY ALONG SAID EAST LINE, A DISTANCE OF 107.44 FEET TO THE CENTERLINE OF
OLD ILLINOIS HIGHWAY ROUTE N0. 5; THENCE SOUTHEASTERLY ALONG SAID CENTERLINE, A
DISTANCE OF LOS 77 FEET; THENCE WESTERLY, A DISTANCE OF 9.S3 FEET; THENCE
SOUTHERLY ALONG A LINE, THAT FORMS AN ANGLE OF 89 DEGREES, 34 MINUTES, 17 SECONDS
TO THE LEFT YTTTH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 83 4.25
FYET, THENCE WzESTERL.Y AAR4m,LEL t�iTTN TUC $Q!S'IiJ i.T,l],t OF THE NC�RT??SRiT )/d .7F SAID
S5MON 2q. A ONTANCE 97 13771013 MET TO TU W55T LINE OF 7K6 MIRTHEAST 1/4 OF SAID
S4=ICN 23, 'THENCE INORTHERLY ALONG SAID WEST LINE, A DISTANCE OF 252, 75 FEET TO THE
EASTERLY RZGHT OF WAY LINE OF THE ELGIN, IOI..IET AIM EASTERN RAILWAY; rIE7CE
NORTREAST=LT At.OVG SAta EASTERLY RIGHT OF WAY LIIZE A DISTANCE OF 135.58 FZR 70 714E
?DINT OF HEGIXlgl%v^, ALL IN CO'OX CDUXTY, IL=Niv 4S,
EXHIBIT C
FA
LZG•A.L D °TlON
FOR THE LaSALLE PARCEL
THAI P,RiN aF THE MGRrtIEASr QUARTc'R OF SECripx Zs, 7aN'NSNiF <i NOATH, RM1C$ 9 EAST Of
cONvENcINO AT S17JTH $7 OEGREESE34O NU ST 130SECONOF WEO NORTHEAST aUAIrep OF SeCr�ON 29: THENCE
POW OF IFE NORTH Ot DEGREES i6 Mlht
NUT" 23 SEGONOS WEST A DISTANCE OF 7
POa`IT of $EGFrrtt ASSUMED BEARING) A OIST'ANCE OF 584. GO
FEET' THENCE NoPrW"ENCEnNCRrH ne DEGREES i3 MNUrES 30 SECONDS w 2.76 FEET to.
D DEoFtEES St MINUS EST A•OISr.WCE OK 2 Tr1E.�.r;'.
NOttTH Td DEGREES 14 nrt E5 4S SECONDS WEST A OISTAegC 4:5,1'
CAEE6 55 NNUYES 38 MINUTES 43 SECONDS WEST A DISTMiCE Df 43.3T F E OF 73. &1 FEET:
VIES 05 .S'EC4NDS WEST SECONDS WEST .A D�SiaktE OF 78.28 FEET; era FEET; THENCE SOUTH 7a 1}E- SOUTH .0"Os wEsr 226.43.° FET, A Olst-ANcc of 124.98 FELT: THENCE SOUTH 31 DECREES 43 Ocwc MINUTES 55 SEC:
'396 40 FEET To THENCE SOUTH 62 DECREES 57. AC.rtU7ES 25 SECONDS WE5?, A ! T
rNE EASTERLY LINE: AS OCCUPIEp, OF PARCEL TWO OF ? OS' ANC7EOF:�:c? " -'..T,
O6SCR19E s 1H'ADS W RT AC O E0' AS DOCUMENT NUMBER 25437947; THENCE NORTH 07 DEGREES 42 MIN
:VSE,S�9 $eCOtG)S WEST HE SP&LoINC PROF -eR Y AST:•• ^;"
UTEt, ES;,3Q,'h(tNtlTlvS 2a S6CQNb5 EAST A DISTANCE Of 350 94 FEET; THENCE NORiHH 00 DECkgE� 4t MEN. �;
UTES' S2.'.COt{pS 4YF5T, ' C6 NOftHN 57,
�r8t.L'F,,F::T, :MTP i`HE h'.DH,G A LINE TNA7 FCRUS AY ANGLE OF Se OECREES 21 >aakurE�� t7•
,6C7UTF Rt,;'Y' LjyE ^� LAKE q RE$T; THE X SOUTHEASTERLY ST CES R13ED A.OQR51t, A iSTAK}�.&.o LINE!
12, $etayOS T+
MCE OF 8i2.fic3 FEEr:;TO; riNE;
'Ki1 C,7[iE' i+itc..•O0". NON'�T,w•IC£T)A. CL%tvt;, CONCAVE 70 TkE NORiN AND, tiA+itNC A R/DIUS 9f a.2S3.87,'�
E £2i,`.Ar't]�Si,+NCE'OF...S99.b$ p.'. AL50 9Ek�Gi:?Try;
04t@'{�iS''t >f6'6cCDti4 .-E¢5'T,'TOEA PO�kO WFitlSa; CHORD LENGTH OF 597.30 6E?RS $OUTN ]2 4>= GREE5'.h3.:�y
°',t}t•;.:'A.'F'.g1M1r'CYY'�iC ON Ttre. L �. SOUTlN 01 tlEGREE$ TO MINUTES 23 SECONOS'£AST 50.A3fi,...n
Q+,��T 9ad- S2 -FEET. HE' CENTERLINE OF LAKE STREET, AS OEOICATEO PER OOCUltEryT NtJ7,t13E Q �=,�.
° Txi TA4.rER+.'ftiNCE 59U r„ST u£A't1ftEO PEP.PEDICULA2 TO THE EAST tNE OF SPq NURT�
QNCOE(NRCOflKC OL' YeSLLINO-$ECONDS EAST, A DISTPNCE OF 7429.44 e.r
Of Part of the Northear, quaczrs of Secdoa 29, TcWrzWp 41 North, Range 9 East of t Ig'vi"
F'ri.geipal Meridian, described as Follows: Gommactcing at a point in the ocntrs lido of Illinois
I-izghway Route No, S, 554.4 fat South acd North 84 dcgrccs 30 minutes West 657,16 fax 6-o a
the Narthcrst corner of said SeetioA 24; theme Sourbcciy, a d1mmoo of 2173`Z$-J?:et to a paint is
tbn South litre of said Northcast quarter that Ls 65538 feet East of the Southwest corn=~ of said
East balf of the Northeast quarter thence Westerly along the south line of said Nonhcast qugrtor,
a distan=t of 762.8 £act to a point 1214,0 feet East of the Sotuhwmt corner of said Nonhowcr
qus UT-, thcoce NQnhwcstcrly in' 3ua gut fine 15 °D.0 !.t to a poirr C033.O fecc East of the Walt
line of the West half of said Northeat quarter; thence ;vast parallel with the South Tine of said
Northeast quarttr, a distance of 360.94 feoq thence Northerly along a line than fortes ae angle of
88 degrees 21 minutes 17 seconds to the left with the prolongation of the last described course, a
distances of 829,49 foe t; thence E.tstcdy along a line tbat roans as angle of S9 degrees 34 alinuies
17 seconds to the right with the prolosgadea of the lest described course, a distance of 9.83 feet
to the cewer Tina of Old Illinois EUghway Routs No, 5; thcncc Southeasterly along sold Goatee
line a disYS ecc of 500.40 fence to the place of bcginni ig. Being situated ir1 Hanover Township,
CoakCourtty,{llinals,
.L_
EXHIBIT D
LEGAL DFLS -=TION OF
BELLA ROSA PARCEL IN ELGIN
THAT PART OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP TI NORTH, RAGE 9 EAST
TWX PRINCIPAL M N
ERIDfAN DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF SECTION 29; THENCE
SOUTH 87 DEGREES 59 MINUTES 13 SECONDS WEST (ON AN ASSUMED BEARING) A DISTANCE OF 660.00
FEET; THENCE NORTH O1 DEGREES 10 MINUTES 23 SECONDS WEST A DISTANCE OF 762.76 FEET TO. ,THE'.; ,
POINT OF BEGINNING; THENCE NORTH 86 DEGREES 13 MINUTES 30 SECONDS WEST A DISTANCE OF 24,5.1'i::`
FEET; THENCE NORTH 70 DEGREES 51 MINUTES 48 SECONDS WEST A DISTANCE OF 73.61 FEET: THENCE
NORRTH 76 DECREES 19 MINUTES 43 SECONDS WEST A DISTANCE OF 43.32 FEET; THENCE SOUTH '78 OE
0AEES 55 MINUTES 38 SECONDS WEST .A DISTANCE OF 76.26 FEET; THENCE SOUTH 45 DEGREES 51. MN
UTES 05 SECONDS WEST A DISTANCE OF 124.96 FEET; THENCE SOUTH 35 DEGREES 43 MINUTES 53`i$EC' -C;
a0s WEST 228:93 FEET, THENCE SOUTH 62 DEGREES 57. MINUTES 25 SECONDS WEST, A DISTANCE OK'"
S85. {5 FEET TO THE EASTERLY LINE; AS OCCUPIED, OF PARCEL TWO OF THE SPAULD(NC PROPERTY.,
DESCRIBED IN 'A. DEED RECORDED AS DOCUMENT NUMBER 25437947; THENCE NORTH 07 DEGREES 42 MIN
UTES 29 SECONDS WEST ALONG. SAO EASTERLY LINE, A DISTANCE OF 1221.55 FEET; THENCE NORTH 87.!' --
bEGREES:;39 NUT* ES 26k SECONDS EAST A DISTANCE OF 360.94 FEET; THENCE NORTH 00 DEGREES 41 MiN.-
UTES' S.2.,4ECO{40S .WEST, ALONG A LINE THAT FORMS AN ANGLE OF 88 DEGREES 21 MINUTES 17 ,SECONDS
TRE.C6FT:W7H`THE PFOLONGATION OF. THE LAST DESCRIBED COURSE, A DISTANCE OF 812.68. FEET ::TO:THE
$ZTHEP.IY,.LME "OF LAXE.ST.REET; THENCE SOUTHEASTERLY ALONG SAO SOUTHERLY LINE ALS-0 BENC1'::i:'<:
?rALbNG; THE. ?:>d_RC,;'OF;.A NON'- TNyCETIAL CURVE, CONCAVE TO THE NORTH ANO HAVING A RADKJS OF 2253.$7:
"tr£ET,'.A- DjSY?NCIE OF-599.b6 FEET, AND WHOSE CHORD. LENGTH OF 597.30 BEARS SOUTH 72 DECREES:
'?k NfJTES. fG„ SEC ONO S.`EAST' TO A POINT LYING SOUTH 01 DECREES 1O MINUTES 23 SECONDS' EAST 50.93
Fi`Of_;;A;P4NT LYWG ON THE. CENTERLINE OF LAKE STREET, AS DEDICATED PER DOCUMENT NUMBER.
G8B §r?j i 880' ?Z FEET. WEST OF AS MEASURED PERPEDICULAR TO THE EAST LINE OF SAD NORTH
Tt 15T'Q13PRlTR:`aFL�NCE SOUTH:OI DEGREES 10 MINUTES 23 SECONDS EAST, A DISTANCE OF 1429.44 FEET
uTXI 7'� Pfi T;, 0, 8EC NNiNG, LYING IN COOK .COUNTY, ILLINOIS.
.
EXCEPT70N PARCEL 'A^
THAT PART OF TIP. NORTHr^1DT QUAR OF SECTION 29, TCFtNSHTP 41 NORTH, RANGE 9 EAST OF THE
'171IRO PRINCIPAL MERIDLAN ESCRjB AS FOLLOWS:
COM vIENCING AT THE 60UTFiEgSTOO tR OF SAID NORTHEAST QUARTER OF SECTION 29; THENCE
SOUTH 87 DEGREES 59 MINL1'I'ES 13 SEC NDS WEST (ON AN AS BEARING) A DISTANCE OF 660. CO
FEET; THENCE NORTH r DE WA 10 IFS 23 SECONDS WEST A DISTANCE OF 2,192.38 FEET
TO THE SOUTHERLY RIGHT T WAY OF US ROUTE 20 SAID pOD47 BEING ON A CURVE, SAM CURVE
BEWO CONCAVE NOR
76 DEGREE9 49 SECONDS G A RADIUS OF 2, 253.87 FEET AND A CHORD TEAT HEARS NORTH
MAF SA 20 SECONDS T, A DISTANCE OF 276.20 FEET; THENCE NORIEWE3LERLY
ALONG THE ARC OF SAID CURVE 276J7 T AS MEASURED ALONG AFORESAID RIGHT OF WAY LINE TO
THE POINT E BEES I s Q,1'FIENC' SO DO DEGREES 41 b�tINT1TSS 53 SECONDS EAST 87.50 FEEL; THENCE
NORTH ?2 DEGREES ] 8 MINUTES 17 SEC NDS WEST 7964 FEIS T, THENCE NORTH 00 DEGREES 41 I�Il�TFES
53
CURVE BEZ WCO CONCAVE TO p,FO gAjO R1C{HT OF WAY LDE SAID POINT BEING ON A CURVE, SAID
CURVE 8EW0 CONCAVE NORTHEA,S Y HAVING A RADIUS OF 2;253.97 FEET' f'=A CHORD THAT
BEARS SOUTIi 72 DEGREES 18 MINUTES 17 SECONDS EAST, A DISTANCE OF 79.04 FEET; THENCE SOUTHEAST.
ERLYAI.ONG THE AG, L S,q)D CURRVE 904 FhRT AS MEASURED ALONG SAID RIGHT OF WAY TO THE
PO1Ni OF BP.C}INADiiNG, ALL IN COOK CO , ILLINOIS. CONTADT2 * 61544.4217 SQUARE FEET, MORE OR LESS.
EXCEPTION PARCEL AB-
THAT PART OC THE NORTHEAST QUAR
Tr'�E3A.D PRINCEPAL 1�IAN DESCRIBE
CCtY04ENC2N0 AT THE SOUTHEAST COl
SOUTH 87 DEGREES 591,M UFF9 13 SEC
FEET; THENCE NORTH 01 DEGREES 101.
it THEIICE SOUTH 82 DEGREE, 49 MINUTE
LAST DESCRrBED COURSE TO A POINT C
UOCUIYE NT 87644491 RECORDEp DECa
NORTH76 DEGREES 42 2,CNUIFS 39.9EC,
U7ES 21 SECONDS EAST 75,00 FEETTO T'.
POINT BEING ON Cu7LVE, SAID CURYlE
FF21 AND CHORD THAT HEARS SOUT
25.01 FEET; TPEENCE SOU3THEASTEgL,YA
SAID ,RIF,HT OF WAY LATE TO .A PO NNT A
17 MINUTES 21 SECONDS WEST 75.49 FEE
HEL3A7NAtG, ALL N COOK Col --rN 1y. HE
R OF SECTION 29, TOWNSHLP 41 L NORTFI; rr ".ANGE 9 Er.ST OF THE
AS FCLOWS:
vER OF SAID NORTHEAST QUARTER OF SECTION 29; =CE
NOS WEST (ON AN ASSU1,1D EEAR1NC3) A DLSTANCE OF 650.00
MITES 23 SECONDS WES7 A DISTANCE OF 2,137.02 FEET;
37 SECONDS WEST 10286 FEET pERPFND1CUiAR TO THE
4 THE WEST LZ E OF AN WGRESS/EGRFSS EA.SEl,=l PER
3ER 3,19Z71 SAID POINT EEIN& THE POINT OF E£GRJN121G; TIEENCE
,TM WEST 25.00EFET; =CB NORTH. 13 DEGREES 17 MIN.
E SOUTHERLY RIGRT OF WAY LINE OF U.S. ROUTE 12; SAID
3&NG CONCAVE NOttTMA2- Ryy, NaVINO p RAMS OF 2,153.87
ONG THE 50 F S.AM ,g R SECONDS EAS T, A DESTANCE OF
CNO 1HE ARC OF SAID CURVE 2D.01 FEET" AS MPASURED ALONG
OINT ON AFORESAID F ksE1v¢N7; T=OE SOUTH 13 DEGREES
AS MEASUP= ALONG "'AM EASnoE T ' TO THE PO L* OF
OL9 CONTAQTING 1920,7538 SQUARE FEET, MORE OR. LESS,
EXI3xL3x I E
LEGAL DESCRIPTION OF THE RETAINED PARCEL IN ELGIN
Of part of the Northeast quafcr of Section 29, Township 41 North, Rangc 9 Fast of th<F-6 rd,
Principal Meridian, described as follows: Commencing at a point in the center line of Illinois
Eghvray Route No. 5, 554.4 feet South and North 84 deg ccs 30 minutes West 65736 feet from
the NOrthtat corns of said Section 29; thence Southerly, a dlsOffmcc of 217338 ftet to a point in
the south line of said Northeast quarter that is 655.38 fcct East of the Southwest comer of said
East half of the Northeast quarto thence Westerly along the south Line of said Northeast quartcr,
a d stance of 762.8 feet to a point 1214.0 feet Fast of the Southwest comer of said No thtaster
quarter, thence Northwesterly in a stra.ig; t tine 159n.n e =t to a paint 1033.0 feet Fast of the West
tint of the West half of said Northeast quarter thence East parallel with the South line of said
Northeast quarter, a distance of 360.94 feet; thence Northerly along a line that forms an angle of
88 degrees 21 minutes 17 seconds to the Ieft with the prolongation of the last described course, a
distance of 829.49 fcct; thence Easterly along a line that forms an angle of 89 degrees 34 minutes
17 seconds to the right with the prolongation of the last described course, a distance of 9.83 feet
to the center line of Old Illinois High"y Route No. 5; thence Southeasterly along said center
line, a distinct of 600040 feet to the place of beginning- Being situated in Hanovtr Township,
Cook County, Illinois.
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EXHIBIT F
GRANT OF EASEMENT AGREEMENT
Grantor,gq&g, jjfi `95kIJST AMC) SAVINGS 8 � of personally, but as Trustee under Trust
Agreement dated July1, 19q( and known as Trust No. 11 -4603 , and as Trustee under
Trust Agreement dated August 1, 19q( and known as Trust No. 11 -4610, (the "Grantor "),
being the owner of record of the fee simple title to the real estate hereinafter described,
does hereby grant to the Village of Bartlett (the "Village "), a municipal corporation of Cook,
DuPage and Kane Counties, Illinois, and its designees (hereinafter referred to as the
"Village "):
1. A temporary construction easement appurtenant, 50 feetin width, over, upon,
across, through and under the following described real estate:
(the `Temporary Easement Parcel ") for the construction and installation of a water service
main and appurtenant fixtures. The temporary easement shall expire twelve (12) months
after commencement of construction of the said water service main.
2. A permanent easement appurtenant, 20 feet in width, over, upon, across,
through and under the following described real estate:
(the "Watermain Easement Parcel ") for the construction, installation, repair, maintenance
and replacement of a water service main and appurtenant structures; provided, however,
that the Grantor reserves the right to any surface or subsurface use of the Watermain
Easement Parcel that does not unreasonably or materially interfere with the permitted use
of the Watermain Easement Parcel by the Village.
The Village will cause Par Development, Inc., and each of its contractor(s) that will
perform the watermain work to carry and maintain commercial general liability insurance
with a limit of not less than $1,000,000 each occurrence, and to furnish a certificate of
insurance to the Grantor prior to entering upon the Grantor's property, evidencing such
insurance coverage and naming the Grantor as an additional insured on its commercial
general liability insurance policy. The Village will also cause Par Development, Inc. to
restore the Temporary Easement Parcel to the condition it existed prior to such installation
and construction work.
Upon acceptance of the watermain by the Village of Bartlett, it will agree to be
responsible for the maintenance of such Village utilities and to restore the Grantor's
property to the condition in which it existed prior to such construction, repair, maintenance
or replacement work, and the Village will defend, indemnify and hold the Grantor harmless
from any and all liability arising out of claims for personal injuries or property damage
arising out of the acts and omissions of the Village and contractors hired by the Village in
connection with the construction, maintenance, repair and replacement of the above
described improvements.
IN WITNESS WHEREOF, the parties have entered into this Agreement as of the day
and year first above set forth.
Village of Bartlett
Catherine J. Wchert,
Village President
Attest:
Linda Gallien, Village Clerk
HA 045 TPUSVAND swiss as Trustee
u /t /a dated 7 /1 /al a /k/a Trust No.
11 -4603, and as -trustee u /t /a dated
8 /1 /qI a /k /a Trust No. 11 -4610
ti
By:
xa
_
Titl
2
Attest
s
�
a
r-
�tle: � K.isr;1 s s���n�,! andirustAdministrBtaP
Village of Bartlett
Catherine J. Wchert,
Village President
Attest:
Linda Gallien, Village Clerk
STATE OF ILLINOIS)
COUNTY OF COOK)
I, the undersigned, a notary public in and for said county, in the State aforesaid, do
hereby certify that Elizabeth Cordova, of Harris Trust and Savings Bank, and Kristin
A. Starns of said Bank to be the same persons whose names are subscribed to the
foregoing instrument as such Assistant Vice President and Land Trust Administrator,
appeared before me this day in person and acknowledged that they signed and delivered
the said instrument as their own free and voluntary act, and as the free and voluntary act
of said Bank, as Trustee, for the uses and purposes therein set forth; and the said Land
Trust Officer did also then and there acknowledge that said Land Trust Officer, as
custodian of the corporate seal of said Bank did affix the said corporate seal of said Bank
to said instrument as said Land Trust Officer's own free and voluntary act, and as the
free and voluntary act of said Bank as Trustee for the uses and purposes therein set
forth.
Given under my hand and Notarial Seal, this 18TH`h. Day of September, 2002.
Notary Public
�ti. � •sue=
"OFFICIAL S& E
DOLORES A KORIN U
Notary Public, Slate of ail 3n
My Commission EXP.Otl9 9 i
STATE OF ILLINOIS }
) SS.
COUNTY OF )
I, the undersigned, a Notary Public in and for the County and State aforesaid, do
hereby certify that Catherine J. Melchert, as Village President of the Village of Bartlett, and
Linda Gallien, as Village Clerk of the Village of Bartlett, personally known to me to be the
same persons whose names are subscribed to the foregoing Grant of Easement as Village
President and Village Clerk of the Village of Bartlett, appeared before me this day in
person, and acknowledged that they signed and delivered the said instrument as their own
free and voluntary act, and as the free and voluntary act of said Village, for the uses and
purposes therein set forth.
2002. GIVEN under my hand and official seal, this day of
Notary Public
STATE OF ILLINOIS )
) SS.
COUNTY OF )
I, the undersigned, a Notary Public in and for the County of State aforesaid, do
hereby certify that as of LaSalle
National Bank (the "Trustee "), and , as , of the
Trustee, personally known to me to be the same persons whose names are subscribed to
the foregoing instrument as and
respectively, appeared before me this day in person, and acknowledged that they signed
and delivered the said instrument as their own free and voluntary act, and as the free and
voluntarily act of the Trustee, for the uses and purposes therein set forth, and the said
did also then and there acknowledge that he, as custodian of the corporate seal
of the Trustee, did affix the said corporate seal of the Trustee to said instrument as his own
and voluntary act, and as the free and voluntary act of the Trustee, for the uses and
purposes therein set forth.
2002. GIVEN under my hand and official seal, this day of
Notary Public
CONSENT Or MORTGAGEE
, not personally but as mortgagee under
Mortgage or Trust Deed recorded as Document No. , hereby
expressly consents to the foregoing Grant of Easement to the Village of Bartlett.
(Insert name of Mortgagee)
By:
Attest:
STATE OF ILLINOIS )
COUNTY OF SS
I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO
HEREBY CERTIFY that as of
and as of said
Corporation, personally known tome to be the same persons whose names are subscribed
to the foregoing instrument as such and
respectively, appeared before me this day in person and acknowledged that they signed
and delivered the said instrument as their own free and voluntary act, and as the free and
voluntary act of said Corporation, for the uses and purposes therein set forth, and the said
did also then and there acknowledged that he, as custodian of the
corporate seal of said Corporation, did affix the said corporate seal of said Corporation to
said instrument as his own and voluntary act, and as the free and voluntary act of said
Corporation, for the uses and purposes therein set forth.
2002. GIVEN under my hand and official seal, this day of
THIS INSTRUMENT PREPARED BY:
Bryan E. Mraz
Bryan E. Mraz & Associates
111 East Irving Park Road
Roselle, Illinois, 60172
(630)- 529 -2541
Notary Public
My Commission Expires:
.. Ms . �,
This instrument is executed by Harris Trust & Savings Bank Successor Trustee to Harris Bank Barrington, N.A. as
Trustee under the provisions of a Trust Agreement dated August 1, 1991 and July 1, 1991 known as Trust
Nos.11 -4603 and 11 -4610 not personally, but solely as Trustee aforesaid, in the exercise of the power and authority
conferred upon and vested in it as such Trustee. This instrument is executed and delivered by the Trust solely in
the exercise of the powers expressly conferred upon the Trustee under the Trust and upon the written direction of
the beneficiaries and /or holders of the power of direction of said Trust and Harris Trust & Savings Bank Successor
Trustee to Harris Bank Barrington, N.A. warrants that it possesses full power and authority to execute this
instrument. It is expressly understood and agreed by and between the parties hereto, anything herein to the
contrary notwithstanding, that each and all of the representations, warranties, covenants, undertakings and
agreements herein made on the part of the Trustee while in form purporting to be the said representations,
warranties, covenants, undertakings and agreements of said Trustee are each and every one of them not made with
the intention of binding Harris Trust & Savings Bank Successor Trustee to Harris Bank Barrington, N.A. in its
individual capacity, but are made and intended solely for the purpose of binding only that portion of the Trust
property specifically described herein. No personal liability or personal responsibility is assumed by or nor shall at
any time be asserted or enforceable against the Harris Trust & Savings Bank Successor Trustee to Harris Bank
Barrington, N.A. on account of any representations, Warranties, (including but not limited to any representations
and /or warranties in regards to potential and /or existent Hazardous Waste) covenants, undertakings and
agreements contained in the instrument, (including but not limited to any indebtedness accruing plus interest
hereunder) either expressed or implied or arising in any way out of the transaction in connection with which this
instrument is executed, all such personal liability or responsibility, if any, being expressly waived and released, and
any liability (including any and all liability for any violation under the Federal and /or State Environmental or
Hazardous Waste laws) hereunder being specifically limited to the Trust assets, if any, securing this instrument.
Any provision of this instrument referring to a right of any person to be indemnified or held harmless, or reimbursed
by the Trustee for any costs, claims, losses, fines penalties, damages, costs of any nature including attorney's fees
and expenses, arising in any way out of the execution of this instrument or in connection thereto are expressly
waived and released by all parties to and parties claiming, under this instrument. Any person claiming or any
provision of this instrument referring to a right to be held harmless, indemnified or reimbursed for any and all costs,
losses and expenses of any nature, in connection with the execution of this instrument, shall be construed as only a
right of redemption out of the assets of the Trust. Notwithstanding anything in this instrument contained, in the
event of any conflict between the body of this exoneration and the body of this instrument, the provisions of this
paragraph shall control. Trustee being fully exempted, nothing herein contained shall limit the right of any party to
enforce the personal liability of any other party to this instrument.
A RESOLUTION APPROVING OF
AN INTERGOVERNMENTAL AGREEMENT
BE IT RESOLVED by the President and Board of Trustees of the Village of Bartlett,
Cook, DuPage and Kane Counties, Illinois, as follows:
SECTION ONE: The Intergovernmental Agreement (the "Agreement')
dated September 3, 2002, among the City of Elgin; the Village of Bartlett; Harris Trust &
Savings Bank as Trustee under Trust Agreements dated July 1. 19011 and August 1, 1981
and known as Trust Nos. 11 -4603 and 11 -4610; Par Development, Inc.; LaSalle National
Bank as Trustee under Trust Agreement dated April 1, 1995 and known as Trust No.
109701; and Bartlett International, Inc., a copy of which is appended hereto, is hereby
approved.
SECTION TWO: The President and Village Clerk are authorized to sign
and attest, respectively, the Agreement on behalf of the Village.
SECTION THREE: SEVERABILITY. If any section, paragraph or provision
of this Resolution shall be held to be invalid or unenforceable for any reason, the invalidity
or unenforceability of such section, paragraph or provision shall not affect any of the
remaining provisions of this Resolution.
SECTION FOUR: REPEAL OF PRIOR RESOLUTIONS. All prior
Ordinances and Resolutions in conflict or inconsistent herewith are hereby expressly
repealed only to the extent of such conflict or inconsistency.
SECTION FIVE: EFFECTIVE DATE. This Resolution shall be in full force
and effect upon its passage and approval.
1
ROLL CALL VOTE:
AYES: Airdo, Arends, Bersani, Floyd, Kavouris and Nolan
NAYS: None
ABSENT: None
PASSED: September 3, 2002
APPROVED: September 3, 2002
Catherine J. M ert, Village President
ATTEST
GQK,
CERTIFICATION
I, the undersigned, do hereby certify that I am the Village Clerk of the Village of
Bartlett, Cook, DuPage and Kane Counties, Illinois, and that the foregoing is a true,
complete and exact copy of Resolution 2002 - 88R, enacted on September 3, 2002, and
approved on September 3, 2002, as the same appears from the official re(; qq Hof the
Village of Bartlett.
Clerk 4 :: g SEAL
G.
W