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06-266 Resolution No. 06-266 RESOLUTION AUTHORIZING EXECUTION OF A REIMBURSEMENT AGREEMENT WITH BIG TIMBER ELGIN, INC. REGARDING CONSTRUCTION OF WATER TOWER AND WATER MAIN IMPROVEMENTS NEAR HIGHLAND AVENUE 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 a Reimbursement Agreement with Big Timber Elgin,Inc. on behalf of the City of Elgin for construction of water tower and water main improvements near Highland Avenue,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: November 8, 2006 Adopted: November 8, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk REIMBURSEMENT AGREEMENT (Water Tower/Water Transmission Line Serving Elgin Far West Area) rh THIS AGREEMENT,is made and entered into this 6 day of()'bbl r , 2006, by and between THE CITY OF ELGIN, a municipal corporation in the Counties of Kane and Cook, State of Illinois ("City") and BIG TIMBER ELGIN, INC., an Illinois corporation, as assignee of HPI ELGIN, L.L.C., ("Developer"). WITNESSETH: WHEREAS, Developer is the owner of certain real estate legally described on Exhibit A, attached hereto and made a part hereof and commonly known as the "HPI-Elgin East Assemblage"; and WHEREAS, the Developer's predecessor HPI Elgin, L.L.C. and City have entered into an Annexation Agreement for the HPI-Elgin East Assemblage dated December 15, 2004 ("East Assemblage Annexation Agreement");and WHEREAS, pursuant to Section 13A and B of the East Assemblage Annexation Agreement, Developer and the City agreed that Developer shall construct certain public improvements, and that the City shall reimburse the Developer for the cost of those improvements, and that Developer shall dedicate the improvements to the City; and WHEREAS, the public improvements to be constructed are a one million (1,000,000) gallon elevated water storage tank and appurtenances relating thereto, a temporary access road to the water storage tank, a permanent access road to the water storage tank, water transmission lines from the water storage tank westward to the Shodeen development, northward to Highland Avenue and eastward to the Crown development and appurtenances relating to such water mains, as located on the plan prepared by Cowhey Gudmundson Leder, Ltd. dated 10/13/04 and attached hereto as Exhibit B, and collectively referred to as the"Public Improvements"; and WHEREAS, the parties have now determined that the City shall construct the Public Improvements, at the City's expense; and WHEREAS, Developer shall convey the water storage tower site to the City, and convey easements to the City for the access road and water transmission lines, as set forth in this Agreement; and WHEREAS, this Agreement further provides that the City shall reimburse Developer for costs incurred by Developer in designing and planning for the construction of the Public Improvements. NOW, THEREFORE, for and in consideration of the mutual promises, agreements, and undertakings as set forth herein and for other good and valuable consideration, the receipt and 1 t sufficiency of which the parties hereby acknowledge, the City and Developer hereby agree as follows: 1. Incorporation of Recitals. The recitals set forth above are incorporated herein as if fully set forth herein. 2. Public Improvements to be Constructed by the City. Notwithstanding the terms of the East Assemblage Annexation Agreement, the City shall construct the Public Improvements in conformance with all applicable City ordinances and other requirements of law. 3. Assignment of Engineering Plans to City. Developer hereby assigns to the City all of its rights, title and interest to the design and construction plans for the Public Improvements, including the Final Engineering for the routing, location, design and construction of the Public Improvements, prepared by Cowhey Gudmundson Leder, Ltd., last revised on 7/18/05 (Site Improvements and Watermain Extension) and by Rezek, Henry, Meisenheimer&Gende, Inc., last revised 5/31/05 (Elevated Water Storage Tank). Developer hereby also assigns and to the City all of its rights, title and interest to all soil boring tests and analysis relating to the Public Improvements. Developer shall provide to the City within the thirty (30) days after the execution of this Agreement copies of all the design and construction plans and soil boring tests and analysis relating to the Public Improvements. 4. Conveyance of Water Storage Tower Site. Within thirty (30) days after the execution of this Agreement, Developer shall convey to the City title to the Water Storage Tower Site legally described in Exhibit C attached hereto (consisting of approximately one acre), by recorded special warranty deed subject only to general real estate taxes not then due and payable. Real estate taxes shall be prorated as of the date of the conveyance. 5. Conveyance of Easements to City. Developer hereby grants to the City temporary access easements for access to and construction of the water storage tower and access drives, in the areas depicted in Exhibit B attached hereto. Within thirty (30) days after the execution of this Agreement, Developer shall also convey to the City easements for the water transmission lines and access road in the locations set forth on Exhibit D (west and north lines) and Exhibit E (east and south lines) attached hereto. However, the City agrees to hold, but not record such easements, until December 31, 2006, to allow Developer or its assignee time to propose to the City easements for the water transmission lines at an alternative location acceptable to the City. In the event the Developer or its assignee provides the City proposed alternative easement locations acceptable to the City on or before December 31, 2006, the City agrees to accept such alternative easement locations and grant of easement and to record same. In the event the Developer or its assignee does not provide the City proposed alternative easement locations acceptable to the City on or before December 31, 2006, the City may proceed to record the original easements for the water transmission lines as set forth on Exhibit D and E. The temporary access easements shall expire upon completion of the Public Improvements. 6. Reimbursement to Developer. The parties agree that Developer has incurred design and construction planning costs for the Public Improvements in the amount of$126,509.11, 2 which costs are detailed in Exhibit F, attached hereto. Within twenty (30) days after the execution of this Agreement, the City shall make payment to Developer in the amount of $126,509.11. 7. Completion of Public Improvements - Insurance. Section 13A of the East Assemblage Annexation Agreement provided that the Public Improvements shall be completed by December of 2006. The parties now agree that the City shall complete construction of the water transmission lines by September 1, 2007, or by the date the water storage tower becomes operational, whichever occurs first; and complete construction of the water storage tower and related appurtenances by September 1, 2007. The parties agree that Developer may obtain occupancy permits for units in the East Assemblage before completion of the water storage tower. The City shall require that all contractors and subcontractors engaged by City to construct the Public Improvements identify Developer and any of Developer's assigns and successors, as an additional insured; such that Developer shall be afforded the same insurance coverage as provided to the City by such contractors and subcontractors. 8. Notices of Default/rime to Cure. The parties agree that, in the event of a default by any party, the other party shall, prior to taking any action as may be available to it, provide written notice to the defaulting party stating the default and giving the defaulting party thirty (30) days to cure. If the default is not cured within the cure period aforesaid, then the party giving the notice shall be permitted to avail itself of any remedies to which it may be entitled in law or in equity. Notwithstanding the foregoing, or anything to the contrary in this Agreement, with the sole exception of an action to recover the monies the City has agreed to reimburse to the Developer, no action shall be commenced by the Developer and/or any of Developer's related entities,and/or any of their successor and/or assigns, against the City for monetary damages. 9. Mutual Cooperation. The parties hereby covenant and agree that they shall at all times after execution of this Agreement do, execute, acknowledge, and deliver and will cause to be done, executed, acknowledged, and delivered all such further acts, documents, and instruments as may be reasonably required in order to carry out fully and effectuate the purposes and acts contemplated in this Agreement. 10. Entire Agreement. This Agreement and the East Assemblage Annexation Agreement represent the entire agreement between the parties hereto and shall not be modified or affected by any offer, proposal, statement, or representation, oral or written, made by or for either party in connection with the negotiation of the terms hereof. No future modification, termination, or amendment of this Agreement may be made, except by written agreement executed by the parties hereto. No failure by the parties hereto to insist upon the strict performance of any covenant, duty, agreement, or condition of this Agreement or to exercise any right or remedy upon a breach thereof shall constitute a waiver of any such right or remedy or any other covenant, agreement, term or condition. Any party hereto, by written notice, may, but shall be under no obligation to, waive any of its rights or any conditions to the obligations hereunder, or any duty, obligation, or covenant of any other party hereto. No waiver shall affect or alter this Agreement, but each and every covenant, agreement, term, and condition of this Agreement shall continue in full force and effect with respect to any of the then existing or subsequent breach thereof. 3 11. Time of the Essence. Time shall be of the essence of this Agreement and the performance of all covenants, agreements, and obligations hereunder. 12. Notices. All notices and other communications to be given hereunder by any party, shall be in writing and sent by personal delivery, overnight courier with evidence of receipt, or certified or registered mail,return receipt requested, postage prepaid, addressed: If to City: City of Elgin 150 Dexter Court Elgin, Illinois 60120 Attention: City Clerk with a copy to: City of Elgin 150 Dexter Court Elgin, Illinois 60120 Attention: Corporation Counsel If to Developer. Big Timber Elgin, Inc. 6860 N. Frontage Road, Suite 100 Burr Ridge, Illinois 60527 Attention: Land Development or at such other addresses as the parties may designate to the other by written notice in the manner provided herein. Any such notices or elections shall be effective upon delivery, if personally delivered, one (1) day after delivery by the overnight courier or two (2) days after depositing the same in the United States mail. [SIGNATURES APPEAR ON THE NEXT PAGE] 4 IN WITNESS WHEREOF, the parties have executed this Agreement the date and year first above written. THE CITY OF ELGIN,an Illinois municipal corporation By: , Its Mayor ATTEST: City Clerk DEVELOPER: BIG ■ ; R ELGI C.,an Illinois corporation By. 'ir 341-1"4444 Its: F:\I.egal Dept\Agreement\HPI-WaterTower-WaterTransmissionLine-ReimburseAgr-dean-7-I9-06.doc 5 EXHIBIT LIST Exhibit A: Legal Description of Developer's Property Exhibit B: Site Plan for Public Improvements Exhibit C: Legal Description of Water Storage Tower Site Exhibit D: Easement to City (west and north lines) Exhibit E: Easement to City (east and south lines) Exhibit F: Statement of Design and Construction Planning Costs for Public Improvements 6 EXHIBIT A TRACT A: PARCEL ONE: THAT PART OF THE NORTHWEST, THE NORTHEAST, THE SOUTHWEST AND THE SOUTHEAST QUARTERS OF SECTION 1, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE NORTH LINE OF SECTION 1, TOWNSHIP AND RANGE AFORESAID, WHICH POINT IS 2.74 CHAINS EAST OF THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN; RUNNING THENCE SOUTH 16 DEGREES 27 MINUTES 0 SECONDS WEST 28.71 CHAINS TO THE CENTER OF THE PUBLIC HIGHWAY; THENCE NORTH 52 DEGREES 50 MINUTES 0 SECONDS WEST ALONG THE CENTER OF SAID HIGHWAY 4.27 CHAINS; THENCE NORTH 58 DEGREES 0 MINUTES 0 SECONDS WEST ALONG THE CENTER OF SAID HIGHWAY 8.36 CHAINS; THENCE NORTH 16 DEGREES 30 MINUTES 0 SECONDS EAST 21.39 CHAINS TO THE NORTH LINE OF SAID SECTION 1; THENCE EAST ALONG SAID NORTH LINE OF SECTION 1, 12.49 CHAINS TO THE POINT OF BEGINNING (EXCEPTING THEREFROM THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE NORTH LINE OF SAID SECTION 1 THAT IS 180.84 FEET EAST OF THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE SOUTH 16 DEGREES 27 MINUTES 00 SECONDS WEST ALONG THE WESTERLY LINE OF WILDWOOD WEST UNITS 2 AND 3, SUBDIVISIONS OF SAID SECTION 1, AND ALONG THE SOUTHWESTERLY EXTENSION THEREOF 1898.30 FEET TO THE CENTERLINE OF HIGHLAND AVENUE; THENCE NORTHWESTERLY ALONG SAID CENTERLINE, BEING ON A CURVE TO THE LEFT AND HAVING A RADIUS OF 858.21 FEET AN ARC DISTANCE OF 189.84 FEET (THE CHORD OF THE LAST DESCRIBED LINE BEARING NORTH 50 DEGREES 05 MINUTES 42 SECONDS WEST 189.46 FEET) TO A POINT OF COMPOUND CURVE; THENCE NORTHWESTERLY ALONG SAID CENTERLINE, BEING ON A CURVE TO THE LEFT AND HAVING A RADIUS OF 11,938.29 FEET AN ARC DISTANCE OF 333.28 FEET (THE CHORD OF THE LAST DESCRIBED LINE BEARING NORTH 57 DEGREES 13 MINUTES 55 SECONDS WEST 333.27 FEET); THENCE NORTH 58 DEGREES 17 MINUTES 10 SECONDS WEST ALONG SAID CENTERLINE 310.83 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 16 DEGREES 33 MINUTES 54 SECONDS EAST ALONG A LINE THAT IF EXTENDED WOULD INTERSECT THE NORTH LINE OF SAID SECTION 1 AT A POINT 824.34 FEET WEST OF THE POINT OF BEGINNING (AS MEASURED ALONG SAID NORTH LINE), A DISTANCE OF 170.30 FEET; THENCE SOUTH 71 DEGREES 34 MINUTES 14 SECONDS EAST 260.74 FEET; THENCE SOUTH 16 DEGREES 33 MINUTES 54 SECONDS WEST 232.37 FEET TO THE CENTERLINE OF HIGHLAND AVENUE; THENCE NORTH 58 DEGREES 17 MINUTES 10 SECONDS WEST ALONG SAID CENTERLINE 269.99 FEET TO THE POINT OF BEGINNING; AND ALSO EXCEPT THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE NORTH LINE OF SAID SECTION 1 THAT IS 180.95 FEET EAST OF THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE SOUTH 16 DEGREES 27 MINUTES 00 SECONDS WEST 1577.78 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 16 DEGREES 27 MINUTES 00 SECONDS WEST 320.52 FEET TO THE CENTERLINE OF HIGHLAND AVENUE; THENCE NORTHWESTERLY ALONG SAID CENTERLINE, BEING ON A CURVE TO THE LEFT AND HAVING A RADIUS OF 858.21 FEET AN ARC DISTANCE OF 189.84 FEET (THE CHORD OF THE LAST DESCRIBED LINE BEARING NORTH 50 DEGREES 05 MINUTES 42 SECONDS WEST 189.46 FEET) TO A POINT OF COMPOUND CURVE; THENCE NORTHWESTERLY ALONG SAID CENTERLINE, BEING ON A CURVE TO THE LEFT AND HAVING A RADIUS OF 11,938.29 FEET AN ARC DISTANCE OF 22.46 FEET (THE CHORD OF THE LAST DESCRIBED LINE BEARING NORTH 56 DEGREES 29 MINUTES 10 SECONDS WEST 22.46 FEET); THENCE NORTH 16 DEGREES 36 MINUTES 27 SECONDS EAST 251.27 FEET; THENCE SOUTH 69 DEGREES 48 MINUTES 09 SECONDS EAST 195.00 FEET TO THE POINT OF BEGINNING); IN THE TOWNSHIP OF PLATO, KANE COUNTY, ILLINOIS. PARCEL TWO: THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT THAT PART DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OF THE WEST LINE OF THE EAST HALF OF SAID SOUTHWEST QUARTER 665.29 FEET SOUTH OF THE NORTHWEST CORNER OF THE EAST HALF OF SAID SOUTHWEST QUARTER; THENCE SOUTHEASTERLY 1457.37 FEET TO A POINT ON THE EAST LINE OF SAID SOUTHWEST QUARTER 1278.84 FEET SOUTH OF THE NORTHEAST CORNER THEREOF (THIS COURSE HEREINAFTER REFERRED TO AS LINE "A"); THENCE SOUTH ALONG SAID EAST LINE 90.75 FEET TO A LINE DRAWN PARALLEL WITH AND 82.5 FEET SOUTHWESTERLY OF, MEASURED AT RIGHT ANGLES THERETO, SAID LINE "A"; THENCE NORTHWESTERLY ALONG SAID PARALLEL LINE 1457.23 FEET TO THE WEST LINE OF THE EAST HALF OF SAID SOUTHWEST QUARTER; THENCE NORTH ALONG SAID EAST LINE 90.82 FEET TO THE POINT OF BEGINNING); IN THE TOWNSHIP OF RUTLAND, KANE COUNTY, ILLINOIS. ALSO: THAT PART OF HIGHLAND AVENUE LYING SOUTH OF AND ADJACENT TO THE ABOVE DESCRIBED TRACT A PARCEL ONE. TRACT B: SITUATED IN PART OF THE SOUTHEAST AND NORTHEAST QUARTERS OF SECTION 34, AND PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 35, BOTH IN TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, TOWNSHIP OF RUTLAND, COUNTY OF KANE, STATE OF ILLINOIS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT BEING THE INTERSECTION OF THE CENTERLINES OF HIGHLAND AVENUE AND MCCORNACK ROAD; THENCE NORTH 23 DEGREES 45 MINUTES 11 SECONDS EAST (ASSUMED BEARING), ON AND ALONG THE CENTERLINE OF MCCORNACK ROAD, A DISTANCE OF 1463.24 FEET TO A POINT BEING THE INTERSECTION WITH THE SOUTH LINE OF THE NORTH 16 ACRES OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 34; THENCE NORTH 89 DEGREES 22 MINUTES 30 SECONDS EAST ON AND ALONG SAID SOUTH LINE, A DISTANCE OF 1061.03 FEET TO A POINT BEING THE INTERSECTION WITH THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 34; THENCE NORTH 00 DEGREES 17 MINUTES 09 SECONDS WEST ON AND ALONG SAID EAST LINE, A DISTANCE OF 497.38 FEET TO A POINT BEING 33 FEET SOUTH OF THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 34; THENCE SOUTH 89 DEGREES 19 MINUTES 33 SECONDS WEST, PARALLEL WITH THE NORTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 33.00 FEET; THENCE NORTH 00 DEGREES 01 MINUTE 36 SECONDS EAST, CROSSING THE NORTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 181.50 FEET; THENCE NORTH 89 DEGREES 19 MINUTES 33 SECONDS EAST, A DISTANCE OF 33.00 FEET TO A POINT BEING THE INTERSECTION WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34; THENCE SOUTH 00 DEGREES 05 MINUTES 59 SECONDS WEST ON AND ALONG SAID EAST LINE, A DISTANCE OF 148.50 FEET TO A POINT BEING THE INTERSECTION WITH THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 35; THENCE NORTH 89 DEGREES 35 MINUTES 30 SECONDS EAST ON AND ALONG SAID NORTH LINE, A DISTANCE OF 1325.73 FEET TO A POINT BEING THE INTERSECTION WITH THE EAST LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 35; THENCE SOUTH 00 DEGREES 12 MINUTES 17 SECONDS EAST ON AND ALONG SAID EAST LINE, A DISTANCE OF 2164.12 FEET TO A POINT BEING THE INTERSECTION WITH A LINE THAT IS PARALLEL WITH AND 481.64 FEET NORTH OF THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 35; THENCE SOUTH 89 DEGREES 39 MINUTES 42 SECONDS WEST ON AND ALONG SAID PARALLEL LINE, A DISTANCE OF 1322.67 FEET TO A POINT BEING THE INTERSECTION WITH THE WEST LINE OF SAID SOUTHWEST QUARTER OF SECTION 35; THENCE NORTH 00 DEGREES 17 MINUTES 09 SECONDS WEST ON AND ALONG SAID LINE, A DISTANCE OF 417.53 FEET; THENCE SOUTH 89 DEGREES 24 MINUTES 24 SECONDS WEST, A DISTANCE OF 1053.77 FEET; THENCE SOUTH 05 DEGREES 24 MINUTES 41 SECONDS EAST, A DISTANCE OF 891.29 FEET TO A POINT BEING THE INTERSECTION WITH THE CENTERLINE OF HIGHLAND AVENUE; THENCE ON AND ALONG SAID CENTERLINE, BEING A 910.24 FOOT RADIUS CURVE TO THE RIGHT, A DISTANCE OF 585.14 FEET TO THE PUIN 1" WHERE A CHORD BEARING NORTH 50 DEGREES 14 MINUTES 52 SECONDS WEST A DISTANCE OF 575.12 FEET SUBTENDS SAID CURVE; THENCE CONTINUING ON AND ALONG SAID CENTERLINE NORTH 31 DEGREES 49 MINUTES 58 SECONDS WEST, A DISTANCE OF 463.93 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM: A PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING AN 82 A CHORD 7.50 FEET WIDE STRIP OF LAND CONVEYED SEPTEMBER 8, 1967 BY TRUSTEE'S DEED TO THE NORTHERN ILLINOIS GAS COMPANY AND RECORDED SEPTEMBER 12, 1967 AS DOCUMENT NO. 1097761 IN THE OFFICE OF THE RECORDER FOR SAID KANE COUNTY; ALL SITUATED IN KANE COUNTY, ILLINOIS. ALSO: THAT PART OF HIGHLAND AVENUE LYING SOUTH OF AND ADJACENT TO THE ABOVE DESCRIBED TRACT B, AND THAT PART OF McCORNACK ROAD LYING WESTERLY OF AND ADJACENT TO THE ABOVE DESCRIBED TRACT B. TRACT C: THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, (EXCEPT THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER; THENCE WEST ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER 559.50 FEET TO THE CENTERLINE OF MCCORNACK ROAD FOR THE POINT OF BEGINNING; THENCE CONTINUING WEST ALONG SAID NORTH LINE 422.54 FEET; THENCE SOUTH AT RIGHT ANGLES TO SAID NORTH LINE 200.0 FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID NORTHWEST QUARTER 150.54 FEET TO THE CENTERLINE OF MCCORNACK ROAD; THENCE NORTHEASTERLY ALONG SAID CENTERLINE BEING ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 335.54 FEET, A DISTANCE OF 118.04 FEET; THENCE NORTH 57 DEGREES 10 MINUTES 13 SECONDS EAST ALONG SAID CENTERLINE 221.40 FEET TO THE POINT OF BEGINNING), IN THE TOWNSHIP OF RUTLAND, KANE COUNTY, ILLINOIS. ALSO: THAT PART OF McCORNACK ROAD LYING NORTHWESTERLY OF AND ADJACENT TO THE ABOVE DESCRIBED TRACT C. TRACT D: THAT PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 34 AND THE NORTH 16 ACRES OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 34, (EXCEPTING THEREFROM THAT PART OF THE EAST HALF OF SAID SECTION 34, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION; THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 50 LINKS; THENCE WEST 50 LINKS; THENCE NORTH PARALLEL WITH THE EAST LINE OF SAID SECTION 2.75 CHAINS TO THE CENTERLINE OF THE ROAD; THENCE EAST 50 LINKS TO THE EAST LINE OF SAID SECTION; THENCE SOUTH ALONG SAID EAST LINE TO THE POINT OF BEGINNING) AND (EXCEPT THAT PART LYING SOUTHEASTERLY OF THE CENTERLINE OF MCCORNACK ROAD) ALL IN TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE TOWNSHIP OF RUTLAND, KANE COUNTY, ILLINOIS. ALSO: THAT PART OF McCORNACK ROAD LYING SOUTHEASTERLY OF AND ADJACENT TO THE ABOVE DESCRIBED TRACT D. TRACT E: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH ALONG THE EAST LINE OF SAID QUARTER SECTION 172.15 FEET TO THE CENTERLINE OF BIG TIMBER ROAD; THENCE NORTH ALONG THE EAST LINE OF SAID QUARTER SECTION 1300 FEET; THENCE WEST ALONG A LINE FORMING AN ANGLE OF 89 DEGREES 57 MINUTES MEASURED CLOCKWISE FROM THE LAST DESCRIBED COURSE, 717.69 FEET FOR THE POINT OF BEGINNING; THENCE WEST ALONG THE EXTENSION OF THE LAST DESCRIBED COURSE 280 FEET; THENCE SOUTH ALONG A LINE FORMING AN ANGLE OF 90 DEGREES 03 MINUTES MEASURED CLOCKWISE FROM THE LAST DESCRIBED COURSE 456.17 FEET TO THE CENTERLINE OF SAID BIG TIMBER ROAD; THENCE SOUTHEASTERLY ALONG SAID CENTERLINE 1114.17 FEET TO THE CENTERLINE EXTENDED NORTHEASTERLY OF • MCCORNACK ROAD; THENCE SOUTHWESTERLY ALONG THE EXTENSION OF THE CENTERLINE OF SAID MCCORNACK ROAD 512.4 FEET TO THE SOUTH LINE OF SAID SOUTHWEST QUARTER; THENCE WEST ALONG SAID SOUTH LINE 2081.5 FEET TO THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH ALONG THE WEST LINE OF SAID QUARTER SECTION 2642 FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE EAST ALONG THE NORTH LINE OF SAID QUARTER SECTION 2381.4 FEET TO A POINT 255.75 FEET WEST OF THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE SOUTH PARALLEL WITH THE EAST LINE OF SAID QUARTER SECTION 72.5 FEET; THENCE SOUTHWESTERLY 1181.74 FEET TO THE POINT OF BEGINNING (EXCEPTING THEREFROM THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID QUARTER SECTION; THENCE SOUTH 89 DEGREES 45 MINUTES 38 SECONDS WEST ALONG THE SOUTH LINE OF SAID QUARTER, 559.2 FEET TO THE CENTERLINE OF MCCORNACK ROAD PER DOCUMENT NO. 1850963 FOR THE PLACE OF BEGINNING; THENCE SOUTH 89 DEGREES 45 MINUTES 38 SECONDS WEST ALONG SAID SOUTH LINE 442.54 FEET; THENCE NORTH 14 DEGREES 22 MINUTES WEST PERPENDICULAR TO THE LAST DESCRIBED COURSE 313.33 FEET; THENCE NORTH 89 DEGREES 45 MINUTES 38 SECONDS EAST PERPENDICULAR TO THE LAST DESCRIBED COURSE 283.75 FEET; THENCE SOUTH 43 DEGREES 12 MINUTES 35 SECONDS EAST 144.21 FEET; THENCE SOUTH 28 DEGREES 17 MINUTES 37 SECONDS EAST 208.23 FEET TO THE CENTERLINE OF SAID MCCORNACK ROAD; THENCE SOUTH 54 DEGREES 07 MINUTES 38 SECONDS WEST ALONG SAID CENTERLINE 167.58 FEET TO THE PLACE OF BEGINNING); ALSO EXCEPTING THEREFROM THAT PART THEREOF DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE SOUTH 89 DEGREES 45 MINUTES 38 SECONDS WEST ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF 981.74 FEET; THENCE NORTH 00 DEGREES 14 MINUTES 22 SECONDS WEST PERPENDICULAR TO THE LAST DESCRIBED COURSE A DISTANCE OF 313.33 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 45 MINUTES 38 SECONDS EAST PERPENDICULAR TO THE LAST DESCRIBED COURSE A DISTANCE OF 283.75 FEET; THENCE SOUTH 43 DEGREES 12 MINUTES 35 SECONDS EAST A DISTANCE OF 144.21 FEET; THENCE SOUTH 58 DEGREES 17 MINUTES 37 SECONDS EAST A DISTANCE OF 208.23 FEET TO THE CENTERLINE OF MCCORNACK ROAD PER DEED RECORDED AS DOCUMENT NO. 1859063; THENCE NORTH 54 DEGREES 07 MINUTES 38 SECONDS EAST ALONG SAID CENTERLINE A DISTANCE OF 344.85 FEET TO THE CENTERLINE OF BIG TIMBER ROAD PER KANE COUNTY HIGHWAY DEPARTMENT MAP OF S.A. ROUTE 7 - ELGIN SHEET NO. 4; THENCE NORTH 49 DEGREES 03 MINUTES 06 SECONDS WEST ALONG SAID CENTERLINE A DISTANCE OF 65.67 FEET; THENCE NORTHWESTERLY ALONG SAID CENTERLINE, BEING A CURVE TO THE LEFT, HAVING A RADIUS OF 28,647.80 FEET, TANGENT TO THE LAST DESCRIBED COURSE, AN ARC DISTANCE OF 658.92 FEET TO A LINE THAT BEARS NORTH 32 DEGREES 04 MINUTES 14 SECONDS EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 32 DEGREES 04 MINUTES 14 SECONDS WEST ALONG SAID LINE A DISTANCE OF 540.29 FEET TO THE POINT OF BEGINNING (EXCEPTING THEREFROM THAT PART THEREOF LYING NORTHEASTERLY OF THE NORTHEAST LINE OF BIG TIMBER ROAD); IN THE TOWNSHIP OF RUTLAND, KANE COUNTY, ILLINOIS. ALSO: THAT PART OF BIG TIMBER ROAD LYING NORTHEASTERLY OF AND ADJACENT TO THE ABOVE DESCRIBED TRACT E. TRACT F: PARCEL ONE: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 27, TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 27; THENCE NORTH 89 DEGREES 38 MINUTES 28 SECONDS EAST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER A DISTANCE OF 433.30 FEET TO THE CENTERLINE OF DAMISCH ROAD PER DOCUMENT NO. 290939 RECORDED APRIL 28, 1927 IN BOOK 831, PAGE 105; THENCE SOUTH 38 DEGREES 51 MINUTES 35 SECONDS WEST ALONG SAID CENTERLINE A DISTANCE OF 127.77 FEET; THENCE SOUTHERLY ALONG SAID CENTERLINE, BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 3183.23 FEET AND TANGENT TO THE LAST DESCRIBED COURSE, A DISTANCE OF 48.70 FEET TO THE CENTERLINE OF • THE OLD HIGHWAY AS IT EXISTED PRIOR TO APRIL 28, 1927 FOR THE POINT OF BEGINNING; THENCE SOUTH 51 DEGREES 27 MINUTES 16 SECONDS WEST ALONG SAID CENTERLINE OF THE OLD HIGHWAY A DISTANCE OF 410.15 FEET TO AN ANGLE IN SAID CENTERLINE; THENCE SOUTH 06 DEGREES 19 MINUTES 39 SECONDS WEST ALONG SAID CENTERLINE OF THE OLD HIGHWAY A DISTANCE OF 4.15 FEET TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 27; THENCE SOUTH 0 DEGREES 14 MINUTES 07 SECONDS WEST ALONG SAID WEST LINE A DISTANCE OF 240.49 FEET TO THE CENTERLINE OF DAMISCH ROAD PER DOCUMENT NO. 290946 RECORDED APRIL 28, 1927 IN BOOK 831, PAGE 91; THENCE NORTHEASTERLY ALONG SAID CENTERLINE OF DAMISCH ROAD, BEING ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 3181.23 FEET AND A CHORD BEARING OF NORTH 32 DEGREES 37 MINUTES 49 SECONDS EAST AN ARC DISTANCE OF 594.79 FEET TO THE POINT OF BEGINNING, EXCEPT ANY PART IN LYNCH-MOORE SUBDIVISION UNIT 2, BEING SITUATED IN RUTLAND TOWNSHIP, KANE COUNTY, ILLINOIS. PARCEL TWO: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 27, TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING EASTERLY OF THE CENTERLINE OF A PUBLIC HIGHWAY KNOWN AS DAMISCH ROAD AS ESTABLISHED BY INSTRUMENT DATED FEBRUARY 18, 1927 AND RECORDED APRIL 28, 1927 IN BOOK 831, PAGE 105 AS DOCUMENT NO. 290939, (EXCEPT THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 27; THENCE NORTH 89 DEGREES 38 MINUTES 28 SECONDS EAST ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER A DISTANCE OF 433.30 FEET TO THE CENTERLINE OF DAMISCH ROAD PER DOCUMENT NO. 290939 RECORDED APRIL 28, 1927 IN BOOK 831 PAGE 105 FOR THE POINT OF BEGINNING; THENCE NORTH 38 DEGREES 51 MINUTES 35 SECONDS EAST ALONG SAID CENTERLINE A DISTANCE OF 109.80 FEET; THENCE SOUTHEASTERLY A DISTANCE OF 198.40 FEET TO A POINT THAT IS 31.70 FEET NORTHERLY OF A POINT HEREINAFTER REFERRED TO AS POINT "A" ON THE SAID SOUTH LINE OF THE NORTHEAST QUARTER THAT IS 263.90 FEET, AS MEASURED ALONG SAID SOUTH LINE, EAST OF THE POINT OF BEGINNING; THENCE SOUTH 06 DEGREES 35 MINUTES 22 SECONDS EAST ALONG A LINE THAT PASSES THROUGH POINT "A", A DISTANCE OF 36.05 FEET; THENCE NORTH 89 DEGREES 38 MINUTES 28 SECONDS EAST PARALLEL WITH THE SAID SOUTH LINE OF THE NORTHEAST QUARTER A DISTANCE OF 129.53 FEET; THENCE SOUTH 00 DEGREES 21 MINUTES 32 SECONDS EAST PERPENDICULAR TO THE SAID SOUTH LINE OF THE NORTHEAST QUARTER A DISTANCE OF 268.19 FEET; THENCE SOUTH 76 DEGREES 18 MINUTES 42 SECONDS WEST A DISTANCE OF 350.92 FEET; THENCE NORTH 21 DEGREES 39 MINUTES 38 SECONDS WEST A DISTANCE OF 46.19 FEET; THENCE SOUTH 60 DEGREES 16 MINUTES 07 SECONDS WEST A DISTANCE OF 58.21 FEET; THENCE NORTH 26 DEGREES 53 MINUTES 29 SECONDS WEST A DISTANCE OF 221.74 FEET TO SAID CENTERLINE OF DAMISCH ROAD; THENCE NORTHEASTERLY ALONG SAID CENTERLINE BEING ON A CURVE TO THE RIGHT, HAVING A RADIUS OF 3183.23 FEET AND A CHORD BEARING OF NORTH 38 DEGREES 22 MINUTES 48 SECONDS EAST AN ARC DISTANCE OF 53.30 FEET; THENCE NORTH 38 DEGREES 51 MINUTES 35 SECONDS EAST ALONG SAID CENTERLINE A DISTANCE OF 127.77 FEET TO THE POINT OF BEGINNING) (AND ALSO EXCEPTING THEREFROM THAT PART THEREOF LYING NORTHEASTERLY OF THE NORTHEAST LINE OF BIG TIMBER ROAD); IN RUTLAND TOWNSHIP, KANE COUNTY, ILLINOIS. ALSO: THAT PART OF DAMISCH ROAD LYING NORTHWESTERLY OF AND ADJACENT TO THE ABOVE DESCRIBED TRACT F PARCEL TWO. TRACT G: PARCEL ONE: LOTS 3, 4, 5, 6, 7 AND 8 OF EDWARD A. KVAVLI'S SUBDIVISION OF PARTS OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, AND THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE TOWNSHIPS OF PLATO AND RUTLAND, KANE COUNTY, ILLINOIS. • PARCEL TWO: THAT PART OF THE WEST HALF OF SECTION 1 AND PART OF THE EAST HALF OF SECTION 2, ALL IN TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, AND PART OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 1; THENCE NORTH 89 DEGREES 8 MINUTES EAST ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER, 400.5 FEET; THENCE NORTH 21 DEGREES 54 MINUTES EAST 578.9 FEET TO THE CENTERLINE OF A ROAD FOR THE POINT OF BEGINNING; THENCE SOUTH 21 DEGREES 54 MINUTES WEST 803.6 FEET TO THE NORTHERLY LINE OF THE RIGHT OF WAY OF THE CHICAGO, MILWAUKEE AND ST. PAUL RAILROAD COMPANY; THENCE NORTH 76 DEGREES 58 MINUTES WEST ALONG SAID NORTHERLY RIGHT OF WAY LINE TO THE EAST LINE OF SAID SECTION 2; THENCE SOUTH ALONG SAID EAST LINE TO A POINT 15.12 CHAINS NORTH OF THE SOUTHEAST CORNER OF SAID SECTION 2; THENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID SECTION 2, 28.36 CHAINS; THENCE NORTH 8 DEGREES WEST 40.31 CHAINS TO THE NORTH LINE OF SAID SECTION 2; THENCE EAST ALONG SAID NORTH LINE TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 34; THENCE NORTH ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER, 398.64 FEET; THENCE NORTH 75 DEGREES 30 MINUTES EAST ALONG A LINE WHICH IF EXTENDED WOULD INTERSECT THE NORTHWEST CORNER OF LOT 1 OF EDWARD A. KVAVLI'S SUBDIVISION, 621.71 FEET TO A POINT 225 FEET SOUTHWESTERLY OF THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH 30 DEGREES 25 MINUTES EAST PARALLEL WITH THE WESTERLY LINE OF SAID SUBDIVISION 257.03 FEET; THENCE NORTH 75 DEGREES 30 MINUTES EAST PARALLEL WITH THE NORTHERLY LINE EXTENDED WESTERLY OF SAID LOT 1, A DISTANCE OF 225 FEET TO THE SOUTHWEST CORNER OF LOT 2 OF SAID SUBDIVISION; THENCE SOUTH 30 DEGREES 25 MINUTES EAST ALONG THE WESTERLY LINE OF SAID SUBDIVISION 153.75 FEET, THENCE SOUTHEASTERLY ALONG THE WESTERLY LINE OF SAID SUBDIVISION BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 1142.92 FEET, A DISTANCE OF 574 FEET TO THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE NORTH 38 DEGREES 39 MINUTES EAST ALONG THE SOUTHEASTERLY LINE OF SAID SUBDIVISION TO THE CENTERLINE OF THE ROAD AFORESAID; THENCE SOUTHEASTERLY ALONG SAID CENTERLINE TO THE POINT OF BEGINNING (EXCEPT THE RIGHT OF WAY OF THE CHICAGO, MILWAUKEE AND ST. PAUL RAILROAD COMPANY AND EXCEPT THAT PART CONVEYED TO THE CHICAGO AND PACIFIC RAILROAD COMPANY (NOW THE CHICAGO, MILWAUKEE AND ST. PAUL RAILROAD COMPANY) BY DEED DATED JANUARY 7, 1893 AND RECORDED JANUARY 14, 1893 IN BOOK 321, PAGE 419 AS DOCUMENT 939) IN THE TOWNSHIPS OF PLATO AND RUTLAND, KANE COUNTY, ILLINOIS. ALSO: THAT PART OF HIGHLAND AVENUE LYING NORTHEASTERLY OF AND ADJACENT TO THE ABOVE DESCRIBED TRACT G PARCELS ONE AND TWO. + w�.ow .ao& awo. ,vmw..�.>.(urs ua,77 %./ ..•f. �p� ������7♦- o.....g.:�e�oo�:aa �.s zv�cwveee�v",arc"aowc(m7 7/ / / /.,//J '•�"'' ;/ • P..,.,,. m,«4.uw:aae_o.auo"c , . // / ✓1 CONNECT TO FUTURE �� WATERMAIN ON HIGHLAND ior f/� // / // / ' , W.47ERMAiN o. /// AUGER 8 CASING " ACCESS RCAD�• // ,' FOR WATER MAIN UNDER `-.•!ate ' 7 / CHICAGp, MILWAUKEE. ST• PAUL �: /, PAdFIC RAILROAD. ' �'~ l /fl ,�/,�'6 •• PERMANENT ACCESS y" / DRIVEWAY AND UTILITY/ I�/ HPI EAST ASSEMBLAGE ' 444 ACCESS EASEMENT 12 ACCESS DRIVE J SEE BELOW) PRO RTV �, N. / /� TEMPORARY 76' TYP• �, 7' /r, ` b , 4 INITIAL GRAVEL ACCESS DRIVE FOR .k >r �: r•/ + +�_ TANK CONSTRUCTION ,;,-4 ,g 1 40 ;;'/V;.:•••::'; ',. a ' '''• ""+ UCER & CANG >NE e 7 s;';*.. a �. , AR FOR WATER MAIN UNDER 16" WM 12 /%cr +•' •' CHICAGO. MILWAUKEE. ST. PAUL. I �, 16 a ,, PACIFIC RAILROAD. 0 + CCMED WILL ALSO BE LOCATED I� ...,?/./� ,.//.../�% ::,;:,:t.. i i ...../. ESS ~ "h ACCESS DRIVE EASEMENT // / t., ' / /`' r, 2' GRAVEL �``' '/ TANK ACCESS DRIVEWAY A � I SS /, „%f `' t e s . / r ' ✓ AND_UTILITY/ACCE 16 ACCESS DRIVE V, / / /'4 . / / ,,'; i/ A, •EASEMENT HIGHLAND W00D5 5, , ' / _ i, ®®® 1!"!•.: t (CROWN) ... . . . . .. ..•'r/` / ,, i FUTURE HIGHLAND• m: M FD <' "t°' / ! WOODS MpLTI-FAMILY TO BE �Pr l ? �/ BUILT OUT LATE 2006 „ j . b0WFfATY. s sfY • CCMED WILL ALSO BE LOCATED I (SHODEEN) Y:� //1/ /J ACCESS DRIVE EASEMENT [EA .k� - /, Kr.vn M1 ""0,k,v MY}A.• IATF;2Q65 PERMANENT ACCESS DRIVE / / �' / <y` GRAVEL TANK ACCESS .;; g� �'' ' /. ',f s �$4 / + / DRIVEWAY WILL yjC�f. t .;�:. i 1' 41' , r ULTIMATELY BE 1 s� i a$ t '.// ' ' / .' / REPLACED W/ PUBUC ROAD I -,,,,,...".',/,-;,. ; -Yi , x I 9 .. /r %r IN CONSTRUCTION WI 12<:AI SS"DRIVE,. /. . .(a 1 ,1 j 4 40' 1 f CROWN DEVELOPMENT :'0 Fig'r115EMENy.��. :/f f .a6.ans�.rmi�. z 3 :iii :1 =';•9' / ;�...w��.a•+a�^•�/: �I� 1 ill 1 NLANO v. .WO 05.T°2E. r •.Ni;v. DOMED WILL ALSO BE LOCATED IN / J 'v / /r BUI�:OUT IiTE 400$ 9u T,AUT LAl£aoo '; 'IfI$ID 08J31/05 • ACCESS DRIVE EASEMENT /l / it '• w o •.-^* •'-..•,tom , VISION:; 03/28/05 © COPYRIGHT 2005 % ,, + / a COW HEY EY FIGURE NO. 1 M1 IMM© GUDMUNDSON WATER TOWER AND WATER LINE IMPROVEMENTS PROJECT NO. 2866.01 111111111 LEDER,LTD. DATE _ 10/13/04 300 PARK BOULEVARD 212 WEST KINZIE EXHIBIT B ITASCA, ILLINOIS 60143 CHICAGO, ILLINOIS 60610 SCALE 1"=1000. (630) 250-9595 (312) 755-9595 DRAWN BY : MCH CONSULTING ENGINEERS • LAND SURVEYORS ELGIN, ILLINOIS NATURAL RESOURCES CHECKED BY : RWG Exhibit "C" ELEVATED STORAGE TANK SITE That part of the East Half of Section 2, Township 41 North, Range 7 East of the Third Principal Meridian, described as follows: Commencing at the Southwest corner of the Southeast Quarter of Section 34, Township 42 North, Range 7 East of the Third Principal Meridian; thence South 89 degrees 38 minutes 37 seconds West along the North line of said Northeast Quarter 211.88 feet; thence South 08 degrees 54 minutes 18 seconds East 695.36 feet to the South line of the Chicago, Milwaukee, St. Paul and Pacific Railroad as conveyed by Warranty Deed recorded January 14, 1893 as Document No. 939; thence South 69 degrees 02 minutes 47 seconds East along said South line 78.29 feet to a point of curvature; thence Southeasterly along the arc of a curve concave North, being said South line, having a radius of 5845.65 feet, having a chord bearing South 69 degrees 26 minutes 46 seconds East for a distance of 81.59 feet; thence South 25 degrees 48 minutes 03 seconds West 149.52 feet to a point of curvature; thence Southerly along the arc of a curve concave East, having a radius of 190.00 feet, having a chord bearing South 08 degrees 26 minutes 53 seconds West for a distance of 115.09 feet to a point of tangency, being a line 20.00 feet East of and parallel with the West line of premises conveyed by Quit Claim Deed recorded February 11, 2004 as Document No. 2004K018918; thence South 08 degrees 54 minutes 18 seconds East along said parallel line 111.91 feet; thence North 89 degrees 16 minutes 52 seconds East 187.56 feet for a Place of Beginning; thence North 00 degrees 00 minutes 00 seconds East 101.13 feet; thence North 90 degrees 00 minutes 00 seconds East 200.00 feet; thence South 00 degrees 00 minutes 00 seconds East 200.00 feet; thence South 90 degrees 00 minutes 00 seconds West 200.00 feet; thence North 00 degrees 00 minutes 00 seconds East 98.87 feet to the Place of Beginning; said parcel of land herein described contains 0.92 acre, more or less, all in Kane County, Illinois. .-----enr:111 antif.O. z1;,;.4iFli! ...... ..... : PLAT OF EASEMENT 1.111,7,Two:urn.r OrniliellORI14.4.4•1.ewe, I 01,10 71010.HOPX.DM.MO MR CO MOO..Tomos..,e,.01..Wee 1 Up CO ma/MD 7110.•la 14.104 41 MY.eclum.,.1... tr. , / _) 1 I........ , \\ i I -5--- p ,14111 h---__AI y :: \ ,\ 9' 117-i' \\ /1 • i 1 I -,u'aiiks A : „ i L i. 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WNW • ._ _ —. • Exhibit "F" 02/06/05 Elgin Water Tower Cost Funded by HPI Elgin LLC Elgin Invoice FC Contract# Vendor Amount Paid Percentage Elgin Portion Invoice# Amount Date paid 7039 23703904 Midwest Technical Consuitants, Inc $ 9,960.00 29% $ 2,929.41 133387 $ 9,960.00 12/21/2004 7039 23703905 Midwest Technical Consultants, Inc $ 11,690.00 38% $ 4,460.15 $ 20,080.00 4% $ 712.88 $ 3,600.00 0% $ - $ 6,000.00 0% $ - $ 9,600.00 0% $ - 133977 $ 50,570.00 1/24/2005 7052 23705204 Testing Service Corporation $ 9,595.43 21% $ 2,020.09 50188 $ 9,595.43 1/24/2005 7052 23705205 Testing Service Corporation $ 7,210.00 , 38% $ 2,703.75 50187 $ 7,210.60 2/10/2005 7052 23705203,Testing Service Corporation $ 6,452.13 20% $ 1,290.43 46471 $ 6,102.13- 5/18/2004 54305 $ 350.00 10/5/2005 7540 23754001 Cowhey Gudmundson Leder Ltd. $ 41,500.00 100% $ 41,500.00 48080 $ 2,347.25 12/21/2004 48458 $ 2,304.00 12/21/2004 48706 $ 2,076.00 1/24/2005 49163 $ 8,866.00 3/15/2005 49531 $ 11,043.22 4/13/2005 _ 49994 $ 1,444.54 5/3/2005 50318 $ 153.72 5/31/2005 50805 $ 681.31 6/30/2005 49995 $ 3,429.25 8/25/2005 51197 $ 3,551.05 10/5/2005 52455 $ 5,603.66 12/1/2005 7540 23754002 RHMG, Inc $ 25,720.20 100% $ 25,720.20 1 $ 4,763.00 12/21/2004 2 $ 7,144.50 1/24/2005 3 $ 8,573.40 3/15/2005 4 $ 2,857.80 4/13/2005 5 $ 1,428.90 6/16/2005 - 6 $ 952.60 8/1/2005 7541 23754101 Midwest Technical Consultants, Inc $ 17,400.00 100% $ 17,400.00 133388 $ 17,400.00 12/21/2004 7541 23754104 Midwest Technical Consultants, Inc $ 7,800.00 100% $ 7,800.00 --140163 $ 7,800.00 6/16/2005 7541 23754105 Midwest Technical Consultants, Inc $ 1,450.00 100% $ 1,450.00 148704 $ 1,450.00 7541 23754108 Midwest Technical Consultants, Inc $ 785.00 100% $ 785.00 133976 $ 785.00 1/24/2005 Page 1 of 2 Exhibit "F" 02/06/05 Elgin Water Tower Cost Funded by HPI Elgin LLC Elgin Invoice FC Contract# Vendor Amount Paid Percentage Elgin Portion Invoice# Amount Date paid 7543 23754301 Testing Service Corporation $ 7,243.90 100% $ 7,243.90 50734 $ 7,243.90 12/21/2004 7545 23754501 P Illinois EPA $ 500.00 100% $ 500.00 P $ 500.00 3/15/2005 7545 23754504 Kane Dosage Soil Water Conservatic $ 1,117.00 100% $ 1,117.00 $ 1,117.00 3/15/2005 7545 23754505 Iowa Chicago Eastern Railroad $ 300.00 100% $ 300.00 $ 300.00 4/13/2005 7545 23754506 Iowa Chicago Eastern Railroad $ 300.00 100% $ 300.00 $ 300.00 4/26/2005 Sub-Total $118,232.81 Management Fee 7% $ 8,276.30 Grand Total $126,509.11 Page 2 of 2 .(OF E O\� SC/ ¢ )2,§ Agenda Item No. City of Elgin ►> \�ui 114 10 DO* • October 20, 2006 " q TO Mayor and Members of the City Council < , ? FROM: Olufemi Folarin, City Manager C-''i ;»nuully Stable (:u'Government William A. Cogley, Corporatio Counsel SUBJECT: Agreement with Big Timber Elgin, Inc. Regarding Construction of Water Tower and Water Main Improvements near Highland Avenue PURPOSE The purpose of this memorandum is to submit to the Mayor and members of the City Council a proposed agreement with Big Timber Elgin, Inc. regarding the construction of a water tower and related water main improvements near Highland Avenue. RECOMMENDATION It is recommended that the City Council approve the proposed agreement with Big Timber Elgin, Inc. relating to the construction of certain public improvements and a reimbursement to the developer in the amount of$126,509.11. BACKGROUND The City entered into an annexation agreement dated December 15, 2004 with HPI Elgin, LLC regarding the HPI Elgin East Assemblage property. Such property is located near Highland Avenue and McCornack Road. Section 13A and B of the annexation agreement provided that the developer would construct certain public improvements and the City would reimburse the developer for the costs of these improvements. The public improvements consist of a 1,000,000 gallon elevated water storage tank, certain access roads to the water storage tank and certain water mains. Developer thereafter proceeded with the design and bidding of the public improvements. City staff then determined that the City could construct these improvements in a more cost effective manner. The attached proposed agreement between the City and Big Timber Elgin, Inc. (the successor and a related entity to developer HPI-Elgin LLC)may be summarized as follows: 1. Notwithstanding the terms of the annexation agreement the City and not the developer shall construct the public improvements. Agreement with Big Timber Elgin, Inc. Regarding Construction of Water Tower and Water Main Improvements near Highland Avenue October 20, 2006 Page 2 2. Developer is assigning to the City the design and construction plans for the public improvements previously obtained and paid for by the developer. 3. The developer is conveying to the City the water tower site. 4. The developer is granting easements to the City for the construction of the water tower and access roads and easements for certain water main improvements. 5. The City is reimbursing the developer for its costs previously incurred in the design and construction of the public improvements in the amount of$126,509.11. 6. The City agrees to complete the construction of the water storage tower and water main improvements by September 1, 2007. The City Council has already awarded the bid for the water tower construction. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. F NANCIAL IMPACT The agreement requires the City to reimburse the developer the amount of$126,509.11. There are sufficient funds budgeted ($2,000,000) and available ($1,000,000) in the water portion of the 2006 Bond Fund, account number 365-4000-795.92-41; project number 409651, Highland Water Tower T 11, to fund this reimbursement. 1, ►� /LEGAL IMPACT \AW VNone. ALTERNATIVES The annexation agreement currently provides for the developer to construct the public improvements and for the City to reimburse the developer for the costs thereof. At the City's request the developer has agreed to the proposed agreement whereby the City would instead construct the improvements. Approval of the agreement substantially as presented is the only viable option at this time. Respectfully submitted for Council consideration. mg Attachment