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15-68 c ' 0 - \ Resolution No. 15-68 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR DEDICATION OF PUBLIC RIGHT-OF-WAY AND TEMPORARY AND PERMANENT EASEMENTS WITH CHICAGO TITLE LAND TRUST COMPANY AS TRUSTEE UNDER A TRUST AGREEMENT DATED JANUARY 13, 1986, TRUST#4552 (South Street Extension-Bowes Road Interceptor Sewer-Trunk 20 Projects) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement For Dedication of Public Right-of-Way and Temporary and Permanent Easements on behalf of the City of Elgin with Chicago Title Land Trust Company as Trustee under a Trust Agreement Dated January 13, 1986, Trust#4552, for the city's acquisition of necessary right-of-way for the extension of South Street and easements for the Bowes Road Interceptor Sewer Trunk 20 Projects,a copy of which is attached hereto and made a part hereof by reference. David J. Kaptain, Mayor Presented: May 6, 2015 Adopted: Vote: Yeas Nays: Recorded: Attest: Kimberly A. Dewis, City Clerk PNtIE0001RAM u- e s''''k for. --- ... 0 A M—(\ O �`-�� � % _' 11.10 _J A" ❑ Telephoned ❑ Returned your call ❑ Came in TA call again iii ' Please return the call I , ❑ Seeime as\;s:4.. v_a_A, - -1 tk_1.01 . \I Phone: Date A4 Time By r Resolution No. 15-68 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR DEDICATION OF PUBLIC RIGHT-OF-WAY AND TEMPORARY AND PERMANENT EASEMENTS WITH CHICAGO TITLE LAND TRUST COMPANY AS TRUSTEE UNDER A TRUST AGREEMENT DATED JANUARY 13, 1986, TRUST#4552 (South Street Extension—Bowes Road Interceptor Sewer-Trunk 20 Projects) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement For Dedication of Public Right-of-Way and Temporary and Permanent Easements on behalf of the City of Elgin with Chicago Title Land Trust Company as Trustee under a Trust Agreement Dated January 13, 1986, Trust#4552, for the city's acquisition of necessary right-of-way for the extension of South Street and easements for the Bowes Road Interceptor Sewer Trunk 20 Projects,a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: May 6, 2015 Adopted: May 6, 2015 Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AGREEMENT FOR DEDICATION OF PUBLIC RIGHT-OF-WAY AND TEMPORARY AND PERMANENT EASEMENTS THIS AGREEMENT(hereinafter referred to as the "Agreement"), made and entered into as of this _ 6th _ day of May c)091c. , by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as the "City"), and Chicago Title Land Trust Company, as Trustee Under a Trust Agreement dated January 13, 1986, Trust #4552 (hereinafter referred to as the"Owner"). WITNESSETH WHEREAS, Owner is the owner of record of the real property depicted on Exhibit A, attached hereto and incorporated herein by this reference, said property consisting of approximately 18.58 acres in Kane County, Illinois, and having Parcel Index Number 06-20-201- 002 (hereinafter referred to as the "Subject Property"); and WHEREAS, the City desires that the public right-of-way commonly known as South Street be extended over that portion of the Subject Property depicted by the area designated "Parcel 0001" on Exhibit A and legally described in Exhibit B, attached hereto and incorporated herein by this reference (hereinafter referred to as the "South Street Extension Parcel"); and WHEREAS, the City further desires to construct, maintain and operate a sewer line relating to the City's Bowes Road Interceptor Sewer—Trunk 20 ("BRIS-20")Project within the South Street Extension Parcel; and WHEREAS, the City further desires to obtain a permanent easement for the purpose of installing stormwater management and drainage facilities over a portion of the Subject Property along the South Street Extension depicted by the area designated "Parcel 0001PE" on Exhibit A and legally described in Exhibit B (hereinafter referred to as the "South Street Drainage Easement"); and WHEREAS, the City further desires to obtain a temporary construction easement for the purpose of constructing the South Street Extension and related facilities over those portions of the Subject Property depicted by the areas designated "Parcel 0001TE-1" and "Parcel 0001TE-2" on Exhibit A and legally described in Exhibit B (hereinafter referred to as the "South Street Temporary Construction Easements"); and, WHEREAS, the City and the Owner agree that the extension of South Street and the BRIS-20 project will provide a direct benefit to the eventual development of the Subject Property; and WHEREAS, the City and the Owner desire to enter into this Agreement whereby, in consideration of the benefit derived from the extension of South Street and the construction of the BRIS-20 sewer line, and such other good and valuable consideration as set forth herein, the Owner will grant and convey to the City the required South Street right-of-way and the permanent and temporary easements described herein; and � 11 WHEREAS, the City is a home rule unit authorized to exercise and perform any function relating to its government affairs; and WHEREAS, the planning, conveyance to the City, and construction of the roadways and public improvements described herein are matters within the government affairs of the City; and NOW, THEREFORE, for and in consideration of the mutual undertakings as set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Recitals. The foregoing recitals are incorporated into this Agreement in their entirety. 2. Conveyance and Dedication of South Street Extension Parcel. The Owner shall convey to the City the South Street Extension Parcel. The conveyance by the Owner to the City of the South Street Extension Parcel shall be by recorded warranty deed subject only to: (a) general real estate taxes not yet due and payable at closing; (b) easements of record; (c) zoning laws, statutes and ordinances; and (d) covenants, conditions and restrictions of record, if any, provided that none of which shall prohibit the City's intended use of the South Street Extension Parcel as public right-of-way. 3. Title. City, at its own expense, shall obtain and provide to Owner prior to the Closing a title commitment for a 1970 ALTA owner's title insurance policy issued by Chicago Title Insurance Company (the "Title Company") in the minimum amount of insurance and including extended coverage over the so-called "general exceptions"to the Policy, covering title to the Subject Property, including the South Street Extension Parcel, on or after the date hereof, showing title in the intended grantor subject only to (a)the title exceptions set forth in Section 2 above, (b) title exceptions pertaining to liens or encumbrances of a definite or ascertainable amount which may be removed by the payment of money at the time of Closing and which the Owner shall so remove at that time, (c) acts of City and all parties acting through or for City and (d)zoning laws, statutes and ordinances. At Closing, in addition to the deed, Owner shall furnish to the City (i) an Affidavit of Title in customary form covering the date of closing and showing title in the Owner subject only to permitted exceptions, (ii) a Plat Act Affidavit (iii) transfer declarations, (iv)an ALTA statement signed by the Owner, (v) a closing statement, and (vi) such other documents as are customary to complete the closing contemplated in this Agreement. 4. Survey. The City, at its own expense, shall obtain and provide to Owner any plat of survey of the Subject Property desired by City. 5. Title Clearance. If the title commitment to be provided pursuant to Section 3 of this Agreement, or the plat of survey to be provided pursuant to Section 4 of this Agreement, discloses either unpermitted exceptions or survey matters that render the title not in conformance with the provisions of this Agreement (herein referred to as "survey defects"), the Owner shall have thirty (30) days from the date of delivery thereof to have the exceptions removed from the commitment or to correct such survey defects or, if the City so approves in writing, to have the -2 - Title Company commit to insure against loss or damage that may be associated by such exceptions and, in such event, the time of closing shall be twenty (20) days after the delivery of the commitment or the time expressly specified in Section 6 hereof, whichever is later. If the Owner fails to have the exceptions removed or correct any survey defects, or in the alternative, to obtain the commitment for title insurance specified above as to such exceptions or survey defects (if the City so approves in writing) within the specified time, the City may terminate this Agreement or may elect, upon notice to the Owner within ten (10) days after the expiration of the thirty(30)day period, to take title as it then is. If the City does not so elect, this Agreement shall be deemed terminated and null and void without further action of the parties, and without liability to either party hereunder. 6. Closing. The time of the closing ("Closing" or "Closing Date") shall be rep before 1 as 48.,-241-5-,or such other date as may be hereafter agreed to by the parties, or on the date, if any, to which such time is extended by reason of Section 5 hereafter becoming operative. Unless subsequently mutually agreed otherwise, closing shall take place at Chicago Title Insurance Company office in Elgin, Illinois, provided title is shown to be good or is accepted by the City. 7. Commissions. City and Owner each represent and warrant to the other that neither dealt with a broker or finder with respect to the transaction contemplated hereunder, and each party hereby indemnifies and agrees to save, defend, and hold the other party harmless from and against any loss, cost, damage, claim, liability, or expense, including but not limited to reasonable attorneys' fees and litigation costs suffered or incurred by such other party as a result of a breach of the foregoing warranty. 8. Prorations. There shall be no prorations for general real estate taxes at the Closing. Owner shall timely pay all real estate taxes assessed against the South Street Extension Parcel for the period that it owned the same through the date of Closing. The City intends to file a tax exemption petition for the South Street Extension Parcel for the period after the date of Closing and shall be responsible for the filing of the same. At Closing, Owner or Owner's agent shall execute a completed Real Estate Transfer Declaration in the form required pursuant to the Real Estate Transfer Tax Act of the State of Illinois, and shall furnish any declaration signed by Owner or Owner's agent or meet other requirements as established by any county or local ordinance with regard to a transfer or transaction tax. 9. Owner Warranties. The Owner represents and warrants to the City as follows: A. The Owner is not a "foreign person" within the meaning of Section 1445 of the Internal Revenue Code. At closing, the Owner shall deliver to the City a certificate of non-foreign status. B. There are no existing leases affecting the South Street Extension Parcel. C. There are no existing contracts or options to purchase the South Street Extension Parcel. *within sixty (60) days of final approval of the Agreement by the City Council for the City of Elgin - 3 - D. There exists no management agreement, exclusive brokerage agreement or service agreement of any kind relative to the South Street Extension Parcel that will continue in force beyond the closing date. E. As of the date of closing, the South Street Extension Parcel will be vacant and unoccupied. F. To the best of the Owner's knowledge, there are no underground storage tanks on the South Street Extension Parcel. G. To the best of the Owner's knowledge, neither the improvements on the South Street Extension Parcel, if any, nor the South Street Extension Parcel contain any friable asbestos and no polychlorinated biphenyls (PCBs) are located in, on or under the South Street Extension Parcel (including, without limitation, in, on or under any equipment located thereon). H. To the best of the Owner's knowledge, no hazardous materials or substances have been located on the South Street Extension Parcel or have been released into the environment, or discharged, placed or disposed of, at or under the South Street Extension Parcel. I. To the best of the Owner's knowledge, the South Street Extension Parcel has never been used as a dump for waste material. J. To the best of the Owner's knowledge, the South Street Extension Parcel and its prior uses comply with and at all times have complied with any applicable governmental law, regulation or requirement relating to environmental and occupational health and safety matters and hazardous materials or substances. 10. City Warranties. The City represents and warrants to the Owner as follows: A. The City shall, upon completion of the improvements contemplated on the South Street Extension Parcel, promptly repair and restore the South Street Extension Parcel and the Owner's adjoining property to the same conditions as existed immediately prior to the improvements thereon as are reasonably practicable. 11. Survival. All representations, warranties, indemnities and covenants made by the Owner to the City under this Agreement shall be deemed remade as of the Closing and shall survive the Closing, and the remedies for the breach thereof shall survive the Closing and shall not be merged into the closing documents. 12. Prohibited Transactions. From and after the date this Agreement,the Owner shall not, and shall not permit any third party to, without the express written consent of the City: (a) enter into any lease, contract, or agreement or grant any rights (including licenses and easements) -4- • respecting the South Street Extension Parcel or any portion thereof; (b) create or suffer any right, claim, lien, or encumbrance of any kind or nature whatsoever on the South Street Extension Parcel or any portion thereof; or(c) add or remove soil from the South Street Extension Parcel or otherwise dump or abandon any property, materials, or chemicals thereon. If any third party shall add or remove soil from any parcel or otherwise dump or abandon any property, materials, or chemicals thereon, the Owner shall cause said third party to remove anything dumped or abandoned thereon and restore the property to its condition prior to such dumping or abandonment, and if such third party shall fail to do so, the City shall have the right to rescind this Agreement prior to or at the closing. 13. Escrow. This sale shall be closed through an escrow(the "Escrow")with Chicago Title and Trust Company ("Escrowee"), in accordance with the provisions of the Deed and Money Escrow Agreement then in use by Escrowee, with such special provisions inserted in the escrow agreement as may be required to conform with this Agreement. The cost of the Escrow and any so-called "New York Style" closing fee shall be paid by the City. City and Owner shall make all deposits into the escrow in a timely manner to permit the Escrowee to disburse the Escrow on the Closing Date. 14. Assurances of Cooperation. The parties hereby covenant and agree that they will at all times prior to or after the closing, and from time to time do, execute, acknowledge, and deliver or will cause to be done, executed, acknowledged, and delivered all such further acts, documents, and instruments as may reasonably be required by the other party, and following reasonable approval by counsel for the party to perform, in order to carry out fully and effectuate the transaction herein contemplated in accordance with the provisions of this Agreement. 15. Conveyance of South Street Drainage Easement and South Street Temporary Construction Easements. Concurrently with the closing on the South Street Extension Parcel,the parties agree to enter into an easement agreement granting to the City the South Street Drainage Easement and South Street Temporary Construction Easements previously described herein (hereinafter referred to as the "South Street Easement Agreement"). The South Street Easement Agreement is attached hereto as Exhibit C and incorporated herein by this reference. 16. Manner of Payment. Any payments herein required to be made at the time of Closing shall be by certified check, cashier's check, City of Elgin check or wire transfer. 17. City Support for Development of the Subject Property. The City states that its Community Development Department and its staff generally support the future annexation of the Subject Property upon the filing of a petition for annexation by the Owner, and the development of the Subject Property with up to eleven (11) single-family residential homes. Any such annexation shall be pursuant to a separate annexation agreement, which annexation agreement shall be consistent with the terms and provisions of this Agreement. The foregoing notwithstanding, it is agreed that the specific details of the development, including but not limited to setbacks, site design, building design and materials will be subject to review and approval of the City, and further provided that all aspects of the development and use of the Subject Property and construction and installation of improvements thereon,both on-site and off- site, shall comply fully with all applicable City ordinances, codes, standards and specifications. - 5 - 18. Coordination of Utilities. The City agrees to make reasonable efforts to advise Owner of the City's plans and schedule for the construction of the public improvements contemplated by this Agreement, for the purpose of facilitating Owner's ability to coordinate its extension of sanitary sewer and water improvements to the Subject Property. Provided, however, that nothing contained herein shall require the City to alter, modify or limit its plans and or schedule for the construction of said public improvements, the City retaining its sole discretion with respect to all aspects of the proposed public improvements. 19. Limitation on Imposition of Costs. The City agrees that it shall not charge or impose upon the Owner any obligation to construct or to pay for the construction of, the South Street Extension or the BRIS-20 sewer line, whether by direct imposition or by way of any recapture or reimbursement charges in favor of the City or any other party. The City further agrees that it shall not charge or impose upon the Owner any obligation to pay any annexation fee and/or annexation agreement review fee relating to the future annexation of the Subject Property. In addition, the City agrees that it shall not charge or impose upon the Owner any obligation to pay water tap-on fees and/or Water System Capital Connection fees, any Community Park Land Fees, or any School Transition fees, for up to eleven (11) single-family residences to be constructed on the Subject Property. Attached hereto as Exhibit D is the City's schedule of Annexation, Recapture, Permit and Impact Fees which relate to the Subject Property and the two projects in question. No other fees or permits are required for the development of the Subject Property. 20. Compliance with Laws. Notwithstanding any other provisions of this agreement it is expressly agreed and understood by the City and the Owner that in connection with the performance of this agreement and the development of the Subject Property, the Owner shall comply with all applicable federal, state, city and other requirements of law. The Owner shall also at its expense secure all permits and licenses, pay all charges and fees and give all notices necessary to provide for the Owner's development of the Subject Property, provided, however, that the amounts of any charges and fees shall be subject to the limitations set forth in paragraph 19, above. 21. Default. The City and the Owner agree that, in the event of a default by the other party, the other party shall, prior to taking any such actions as may be available to it, provide written notice to the defaulting party, stating that they are giving the defaulting party thirty (30) days within which to cure such default. If the default shall not be cured within the thirty-day period aforesaid, then the party giving such notice shall be permitted to avail itself of remedies to which it may be entitled under this agreement. 22. Remedies. If either party fails or refuses to carry out any of the material covenants or obligations hereunder, the other party shall be entitled to pursue any and all available remedies as specified herein otherwise available at law, equity, provided, however, that in no event shall an action be commenced by the Owner or any of its successors and/or assigns against the City for monetary damages arising from or in any manner related to any breach of this Agreement. - 6 - 23. Relationship of the Parties. This Agreement shall not be deemed or construed so as to create a joint venture, employment, partnership or other agency relationship between the parties hereto. 24. Joint and Collective Work Product. This agreement is and shall be deemed and construed to be a joint and collective work product of the City and the Owner, and, as such, this agreement shall not be construed against the other party, as the otherwise purported drafter of same, by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict, if any, in the terms or provisions contained herein. 25. Interpretation. This agreement shall be construed, and the rights and obligations of the City and the Owner hereunder shall be determined, in accordance with the laws of the State of Illinois. 26. Authority. The parties represent to each other that each has the power and authority to enter into this Agreement in the names, titles, and capacities herein stated and on behalf of entities, persons, estates, or firms represented or purported to be represented by such person and further represent that all formal requirements necessary or required by any statutes, laws, ordinances, codes, rules, regulations, orders, decrees, directives, articles of incorporation, charters, or bylaws for each of them to enter into this Agreement have been complied with. 27. Entire Agreement; Modification; Non-Waiver of Rights. This Agreement represents 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 other then existing or subsequent breach thereof 28. Time. Time shall be of the essence of this Agreement and the performance of all covenants, agreements, and obligations hereunder. 29. Uniform Vendor and Purchase Risk Act. The parties agree that the provisions of the Uniform Vendor and Purchase Risk Act of the State of Illinois (765 ILCS 65/1 et seq.) shall be applicable to this contract. 30. Notices. All notices herein required shall be in writing and shall be served on the parties at the addresses following their signatures. The mailing of a notice by registered or certified mail, return receipt requested, or personal delivery by courier service shall be sufficient - 7- service. Notices may also be served on the attorneys for the parties via e-mail or by use of a facsimile machine with proof of transmission and a copy of the notice with proof of transmission being sent by regular mail on the date of transmission. 31. Severability. If any one or more of the provisions contained in this Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereto, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision and not been contained herein; provided however, that if permitted by applicable law, any invalid, illegal or unenforceable provision may be considered in determining the intent of the parties with respect to the provisions of this Agreement. 32. Captions. The paragraph captions are inserted for convenience of reference and are in no way to be construed as a part of this Agreement or as a limitation on the scope of the paragraphs to which they refer. 33. Law Governing. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. In any legal proceeding between the parties hereto, venue shall exclusively lie in the Sixteenth Judicial Circuit of Kane County, Illinois. Each party hereby waives any objection it may have to the commencement or transfer of any such proceeding to either of said venues and hereby affirmatively consents to same. 34. Successors; Assignment. This Agreement shall inure to the benefit of, and shall be binding upon the parties hereto and their respective successors, assigns and grantees and shall run with title to the Subject Property. The City may record a memorandum of agreement placing of record the terms, provisions and obligations of this Agreement. This Agreement and the obligations hereunder may not be assigned without the express written consent of each of the parties hereto, except that Owner may transfer, assign, sell, or convey any or all of the Subject Property(less the South Street Extension Parcel)without the express written consent of City. IN WITNESS WHEREOF, the City of Elgin and Chicago Title Land Trust Company, as Trustee Under a Trust Agreement dated January 13, 1986, Trust #4552, have executed this Agreement the day and year first above written, intending to be legally bound hereby and warranting authority to execute the same. SIGNATURE PAGE FOLLOWS - 8 - TNIs Instrument Is executed by the undersigned Land Trustee,not personally but safely as yytisise in the exrccise of the poorer end authority conferred upon and vested he It as sech MOW ft is expresslyi^+'ersteadandagreedthataltthewerranties,indemnities,represent- ntirityt, covenants. unr.'.�aki:•gs and agreements herein ma."e on ttis pert of the Trustee e4e undertaken by it.solely in its capacity as Trustee and not personally. No personal ti::likity or personal responsfl i ity is assumed by or :hell at any time be asserted sI artk•rcivihte s nst the Tri-tap:.:' accot:i4 o;any •-•:srr.nty. indemnity, reptesenaUett, .vwnnnt,,undertaking or agrc,rent of the Trustee fn this knstrument. CITY OF ELGIN, an Illinois Chicago Title Land Trust Company, as Trustee Under a Trust Agreement Municipa •;.orattiiioon dated January 13, 1986, Trust#4552 snow pews?" '9 By: ��� 1�• 61/ -2,7-2x. 47„3 ity Manager Its: MARY M. BRAY -1811STOFfictn Attest: Attest: At�estatlon riot required By. � By: t leant to '}rporate b y is . City Clerk Its: 150 Dexter Court c/o Dr. Gerald Spinazze Elgin, Illinois 60120-5555 218 Water Street, #203 Attention: City Manager Batavia II 60510 and John Biggins American City Bureau 302 West Main Street West Dundee IL 60118 with a copy of any notice to: with a copy of any notice to: William A. Cogley James M. Bolz Corporation Counsel Bolz & McCarty, LLC City of Elgin 895 West Main Street 150 Dexter Court West Dundee IL 60118 Elgin, IL 60120-5555 847-428-6107 (phone) 847-931-5655 (phone) 847-428-6078 (facsimile) 847-931-5665 (facsimile) - 9 - STATE OF ILLINOIS ) ) SS. COUNTYOFKANE ) I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that Sean Stegall, City Manager, and Kimberly Dewis, City Clerk, personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their free and voluntary act for the uses and purposes therein set forth. Given under my hand an official seal, this f'day of , azIS ,w,„ �j JENNIFER QUINTON � C E OFFICIAL SEAL � i ^ Notary Public,State of llinois -,,, My Commission Expires - ary P 1C 4,." " January 10,2016 STATE OF - 1100fs ) ) SS. COUNTY OF DaPAe ) I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that MARY M.BRAY , a MUST OFFICER , 14 personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their free and voluntary act of the uses and purposes therein set forth. Given under my hand an official seal, this /OT!/ day of /AWN ,•0/3. 4240eeeeo4,eee4,0oee4.4e400eee•ee: Notary P if..--"'C • "OFFICIAL SEAL" • • Eva Higi • • $ Notary Public,State of Illinois •c My Commission Expires 412612015 �66(sq.,.r., .•...,.',At OAA•®404.0040•♦ — 10 — EXHIBIT A Plat of Highways—South Street Extension, Sheets 1 and 2 of 6, prepared by Hampton,Lenzini and Renwick, Inc., to be inserted. • - 11 - PART OF SECTION 20, TOWNSHIP 41 NORTH, RANGE 8 EASTa1T OF THE[[ THIRDPRINCIPAL MERIDIAN. D�KANE PROCOUNTY, ILLINOIS. ND a OVER NODINDS iREN IXd A QI RE"C" E,14l1Etir TONT AGMS'.eY, P6AR LEGEND - r' 0001 1100 ANA NA 10.b Act NA NA Ian SECOON 5%1101-17 OmIPE NOT TRUST COAPMT,TRUSTEE UTA DATED 1605 Acs NA NA NA 0.155 Act ORNN ,a•ACE , CORNER CORNER000.1-I 'U"' 554 MUST 00-10-301-000 IN 1T 61 NA NA NA 0.300 Act CONSTRUCTION N - - - SECTION UMC 00071:-2 NA NA NA M154 Act COIS1R1CTON --- WMTER SECTION INC 0000 0.Ari Act 011 114 Act NA NI ----- WIRIER.QUARTER SECTION UNE RATTED LOT UNE 0001PE NISTA SECUMTIES.INC. 1436 Act NA NA NA 6053 Act DRAINAGE 05-20-100-010 _Et.- PROPERTY(DEED)UM 0005TE NA NA NA 0.274 AND 0011570001104 _ JEL _ APPARENT PROPERTY LRE - - Q111EIRl1E - - - E050R0 0011 CC NAY UNE f - - EASTNC EASEMENT - ..__. ... PROPOSED RONT Cr NAY UNE PROPOSED RYPWARY EASE4w1 k UM OF INE S MOO'OF 1 E.B.1111/4 SEC.20-41-5 35.41' 4CASMED 0*0770 IT DRAINAGE CISE4ENT ( 1 RECORD DATA MOO 9115DNC5 WAel 7.A U • IRON PIPE OR RED PORED • PN NAR FOUND OR SET CI 04[1 D1055 FOUND 07 SET o 0 40//CNREE�BMpSEET i •i2 RON 000051019140.14 1K EP:LORI. .,11d1UNCNT11Ml5EETT 0A Nw BY 00. ,M PLASTIC CM lB[EOAR.W..,IE0STRATON NWR€R.. W •BTI ava,!7.01 SA 5 W RC F TME PLASTIC OPMq R.TO X STs M TW TIII11[[pp CAP $mMY015 RE4TSTRA11011 111111eG. ARING ■ arra 0�0p00ED RONT P AY, dNIyw V 01 AYS v 1Rl[Y IS DATA A ft,UITS.)T 111E P09 SN MI.IpENTCEo ev INSOR Tdl *111A4�1�MEN DATA ARO SMKYp15 ROs1RA1NN MAWR UNI •4 S1ARNc Or PROPOSED PIwr 6 NAY N WLTYAIED AREA?BIRRD 0A BEG A40.2o.1991 W CL57 � •Dot No.slime= INCH PON 15TON CENTRED BY LMO ROUND PA10 CAP BEARING SURVEY REGISTRATION TOMER. 00 o MON1 OF RAY 51,404C PROPOSED TO BE SET • S1A1E Cr RINDS 1 COUNTY CRONE )r TMs 0 TO CERTIFY NAT L M.ENA N.LYON.M 144NOS PROIESSOIAL LAND SURVEYOR.NAVE SIRMIED THE PLAT OF1Nw1TAYS 910YN NOTE01.N SECT..20. mom:1NAT�17400 SAWY 0 157,[1MND�IHLTE�ASN99.0PLRN TO TTNE Rn OR 4r AND 505154 NAT 1M PLAT CORRECTLY REPRESENTS LO sown NAT M POonw5 310*INSANMI HEIEOIN AND NAT ESTABLISHED1M MONUUION1ARC S.M.TTY MO DCCUPr MARE NE SURVEY TO eE MIRAOED.AIME 10I 1K EDT CP OAK STATE or LAMAS 130 PR0ES5ONAL SEANCE CONPOU/5 TO THE CURRENT BOOM ONOU4 STANDARDS FOR A BOUNDARY SUPEY FOR NAT PORTION 9101111 AS PROPOSED 111011-0E-WAY. OA1E0 AT 010E 144707.TMS_DAT OF .20_A.0 L-12417 UN.PROESS0NAL LAND 90MMR NO.3302 NOM/w-Nm•»'0.7E LC-12430' PREPARED 5T AMn01.LCNo0.AND PENMEN INC. 14•51010114•510101A0 SWARD ORM ]M51.10 R'97 E14 4,11105 50123-7010 R-445 OB R.NS00' 95.00 LT Sam ACCOUNT ILuNce PRORE901AL O. DESW R.Na 151.000YA ON-Cl.436YN w• 32.42'J•E exo6 LT LC.110.Y LC.IRIY 2205152 moo' 00703051 PROPOSED PERMANENT DRAINAGE EASEMENT L/PuaOU�LST2 PROPOSED E1PwMY EASEMENT .a 10=0[-1 25.00 SI 8MEO II.R22 //11cc��Err ON E (Iniad) "'if _ �p11t 3n.5L ITmDr;,.., ... nom �ppBEPy� B P.D.S.51 i Id _ ® �D..I' &DD. ieaseux.�14�._._.L Y•'.:i:+-L-_.=;_-,...___ _- n.b5e On6^T ' 1Tagriit MVO. -_ :='_mtatri-Tab.ib_ _ Yg __ L armorENE $ s1 y `400011 �� a SOUTH STREET 1.1131 pIR1sR PROPOSED Ra II�•40., L • 5xi»• sy A0.aR LT rvPwl _ n.Ym-�--� 2WD tam 3.00 31400 1(T �Na1sY0 2Nm 17001R3Y 28�m (Ci) • S10.iA' \ 'RYE 25BOF 1S' - __ ---�-_ RSe9: L�v----�•1L5L_---- 10.56 ie... 91^ -- [^'8]5.51' Nee71E '�/ s uRE RE k SEG Io-AI-e / 00 ,T Cure •T 1 PROPOSED f 'f.El 5 PROPOSED f LINT NN X SEC.ri-AI-O 1 PC 1 L a1RM i - .I� - `-.. 214- ISE AO. LLT/ BMW 1 EDP 095170 FLOAT PER NATTPORD SUR PO5 aE1 NO. 21 .10.,....„‘511, 11 RROPOSED(` A STA..' 770 w.70 ROC C51100p1 1 "a.xmSRUen7 , rj \ R.Amar .a i 00011-2 .f■ L-TA]0 .0: E ALL E 07.4 GS ARE BASED ON ILLINOIS T-67.. ID P E-4.12• P.O.C.C.mew STATE PLANE COONONAIE SYSTEM Pc SrA.11.».12 250•11.1111 EAST ZONE CIRO NAD B3. P1 STA-2146352 PLAT OF HIGHWAYS CITY OF ELGIN SOUTH STREET EXTENSION BANE COUNTY SECTION PROJECT JOB N0. STATION 20.00 TO STATION 31.00 SCALE: 1--60' SKEET I Or 0 100 DEXTER COURT REVISED 5/7/12 SPOT PARCEL 0001 ROO 0001•aN1 ELGIN,ILLINOIS 60120 0006 17 SOUTH STREET EXTENSION KANE COUNTY PART OF SECTION 20, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, KANE COUNTY, ILLINOIS. LEGEND IARC sct1RW • LL E O01.11 NGaNUS 04 Dry ®®P8 �' R GZAI�6T aMO�NTR AtgpYr U0F 1011.75 at►tSERc5 CORNER 0. SCE 912[7 I - - - SECnON LINE --- QUARTER SECTION LiNE 0002 0.092 MS NA 4.740 MS NA NA a_A_4-SAT) -.4444111'.. J -- MARTEN WARIER SECTION UNE 00021E T"E RATD•Wp IMTEo PARTNERSHIP 4.83 ACS NA NA NA 0.021 ACS CONSTRU0110N ISN' I '- RATTED LOT ZINE - 404J0.26 _ - ---e-- - PROPERTY(MO)UNE H. L.232.11' l-253]0' 0.59'/ - _An_ _ APPARENT PROPERTY UNE R-510.40' A-Mt ...... ' 42.00 CENIGUME d•N5200707 d-sS1Y0'09•w ./1', 41. - lC-320.!6' LO Mae .au.91 - - - EA511NO RIGHT OF BAY LINE / 1 41 EASING EASEMENT 00.40.81 / / Pia PROPOSED RONT Or WAY UNE PRW09ED TEMPWAR0 EASEMENT PROPOSED PERIIAITNT MOUE DOW. 09.4111 / p R'X 50005'3211 'I 59.411 MEASURED OMENS. 97.17'/ ( ) RECORD DATA _�____�_I_� 584/881 /3+77.15 0011W MIXINGS IBB I A.45.001 A_'_lAl� / 11.91 d-Nan1JTE • ` fee • IRM PK W IRON FOUND • Pt NNl P0.M0 W SET LC-441. 4 091 CROSS 00240 W 5ET 0 5I2 MAR SET -\ So. 4 3478.14 L-DOES ' /0731Y291%, •TI MSC STARES REipRB10E PGI 0RSET yON�IyE�IT41 SET 5/8 NdII0.ar , / .„ - Ti BY COLG40P PLASTIC tbM 9 rtMVEttM WWE/S ON AWR.d-N412i 7217 000072•E L•205.17 •BTI n1�9/�_AO'S N GRnvA1ED�AREA1 REIEREN4 P0.ND W SEMTM L-aS5.0 LC-110.511 Sar / 8 .49407 BT3 M NRRIm 6 Nd RDO]0 NOES 77wR WEND 70 000.07 J740D .Pf d-Ne1'JI'26•E 8TJ M EATON.QN P 821 C0.0RN PLASTIC CAP BEAMING d.77.2370'2 L-87.00 .•• y LC-]02.51 9MRKl9RS RPRRGWWEIppII��ADnpW MI 8D1wA yd �yArS SURVEY LC-24131' R•40100' )MK75 �I / 3.4181 • 57.19131 W TYONG TOO MGaRENT THE P 971011�q OENTPED BY tSGOPTION CH-548•/tN'w -77.77• - n-I:4sr RNN.Ti I/ / -/pear •Y 6AMNO W PROPOs[U Rdt 6 WAY N CULTVATEO AREAS eRIIRIED 5/8 L•TIFF ,. y / 004/10 d.54124'56* NIM 91ON ROD 20 ARCMs BELO'N CAOLND TD ARAM NUPE 80011121 NUMBER M N6]ae']]E 3440.15 �/ y ® LC-134.07 �ARADRAPgONn TIDED BY L0.G1ED PLASTIC CAP B[APNO SURVEYORS LC-77.611 aN3 /� ni{ / / • RENT OF RAY 5700774 PROPOSE0 TO BE SET ..Lr "' / \ 436.00"1111 R-MO A-11Qar 77313412 11 lisle/1‘ _� -590.00'REIIMIOEB.14.41 AC* d_o> 3•E ear ,IP� O 4 Ni srA1E a xulas)�534400 �J}'P COUNTY CF HANE ) C2fat / TIAs, TO LLR11.MAT I.RES.H LTW.AN ILLINOIS PRGESSOIA LAND d.m27arR it S�� • 70*940 HAVE 9ANEYED THE PLAT OF 401550 MO*NEREON N SECTION 20. LC•30115' 70 . 40 3 T0•09HIP 41 1109 RAKE 5 EAST 4*M MIND MK/Pk MEIUGAN.NRNE .7 L ,,,,,,,/,• P STA-40.0400 CGNTM,MAT tl[SURVEY rs TRIG NO COYPIEIE AS 910111 l0 INE BEST W MY V-0"...2" 8540071St / PR a4 MEW RNO•Lp4E MD 50.01 MAT RE PLAT CM8RC1LY REPRESENTS SAD SWLEO MAT MIC9'21•B ear F,'' 77.25 F-180.07 Al MONWENTS FUND AND ESTA19ED AIB:OF REIWAENT GUNNY AND OCCUPY Cd177Ep 31.90.13 y,p0 0.00 RENMIOER•zoos ASA L-315.11• dNARLLE SAW091100 S TO OE el RETR Aid MADE FMRM Cr,TS ARE EL ITE OF W MEET 1 ••L T-163111 NLNGS TAS PRGES9GIA SERVICE CG91040 T]INE G91ENT ELNGS MNMW PROPOSED PERMANENT DRAINAGE EASEMENT 31.00.32 33470 ' 9M10.>e er PC STA J6440.M STANDARDS s,APm A 1GADAl1Y SURVEY PW THAI POND.BI011N AS PROPOSED PROPO4p 1N/PGRMY[ASIONT SD193t 00.31. 25 W.W R} PT STA.114392 jz- N4. .30 OARED AT[LOA,L1M01 TNS DAY 6 ,30_000. PROPOSED ROW 0.07 L ............ A ••07 31480.32 314]8 sRle a-suw•n•w 4.1111C111j27 191]y ,1 / "- Lt.ASS XLNGS PROFESSIONAL LAND SMKWII M0.3503 ., .�_.-.-.-.-.�. \� __�'� / s3196M'F A/ Ne00Grz-3 n.Dia W' l0 PR.AREA BT // /J� HAMPTON.LER MA AID ROMP INC •_ T. �' eT9� 8.60'---_--_ 51.0.0.22 De WOU7 et 30 4.1100.1 ORM • ® 22.09' 2'w I0.__LT Y Jh6J.3 d.117.07 Ilt 0.3'N ]x3' 1.221• - •3• LC.-• _-__ -__ .__�. RGA.ILLINOIS 50113-1010 dao A1C 933t IMOD NOW 0.0.02 3140 11+00 - --_---_.---("----- I C - art-. _ 0.r-_ ®�.- P 3.1015 N0.ESICNk 001 siD.A P.O.C.007oc1¢rz \_ - ®/�' .st. Allllas PIOPIE9WAL oESHaI TERM M0.1N.00095Y • INN,f 36 RT 4 ..c...,,,,,,,.....' n79 .7 A STA]'6548332 SEC C20-41 825319' air j�- ` \ ^-21x10. A•4300 P.O.B.MITE _ I EAS1Mc FLOW !1.2217 Iryp3pq_O PRWD® d.30.Mar30'N'* 1•30457 4SOO�RT ,74 R.Qw. EASEMENT CH LC-211.07 E-44E5' 40110•25.24 '.� E'._'L� L-]49.77'\ PC STA•31.80,33 MOW 77.1{ A.110.00 \ STA.-354.75 31027d-207.071 TE PELOIT 81 ]1.7723 828 3 LC•311.00' \ War RT L•1371 / 17 S1 B. 111.49221E 04• ,1471 241 1 2 \ 2 TEN t•i5795' \ LOT D REG OCT.019 1.97022 6j 27.2006 3 \ 4 M OODOC.NO.200677116778 100 RE ~ 006 \ r� M 'S \ \ D1. .R• ALL BEARINGS ARE BASED ON EUNDIS STATE PLANE COORDINATE SYSTEM EAST ZONE GRID. 17 \ ,J\� PLAT OF HIGHWAYS Yt ) l\ 0.721 or ELGIN SOUTH STREET EXTENSION BANE COUNTY SECTOR 44 N LNE OF LOT 48 MEWED PROJECT JOB 770. STATION29400 TO STATOR 42.00 SCALE: 1'.50' SHEET 2 OF 6 49 I iso DEXTER COURT RAM= SPLIT PARCEL 0001 INTO DDG•MOB RHL ELGIN,ILLINOIS 60120 R SOUTH STREET EXTENSION KANE COUNTY EXHIBIT B Legal Descriptions of South Street Extension, South Street Drainage Easement, and South Street Temporary Construction Easements to be inserted (to be supplied by the City). - 12 - South Street Extension Parcel: 0001 Owner: NBD Trust Company, Trustee, UTA dated January 13, 1986, Trust No. 4552 Station: 25+89.88 to 40+32.97 P.I.N.: 06-20-201-002 That part of the North Half of Section 20, Township 41 North, Range 8 East of the Third Principal Meridian in Kane County, Illinois, described as follows: Beginning at the center of said Section 20; thence on an assumed bearing of North 00 degrees 06 minutes 31 seconds West, 40.01 feet along the west line of the Northeast Quarter of said Section 20; thence North 88 degrees 49 minutes 22 seconds East, 569.60 feet along a line 40.00 feet northerly of and parallel with the south line of said Northeast Quarter; thence northeasterly, 195.68 feet along a curve to the left having a radius of 410.00 feet, the chord of said curve bears North 75 degrees 08 minutes 59 seconds East, 193.83 feet; thence along a radial line North 28 degrees 31 minutes 24 seconds West, 5.00 feet; thence northeasterly, 45.00 feet along a curve to the left having a radius of 405.00 feet, the chord of said curve bears North 58 degrees 17 minutes 37 seconds East, 44.98 feet; thence along a radial line South 34 degrees 53 minutes 22 seconds East, 5.00 feet; thence northeasterly, 110.93 feet along a curve to the left having a radius of 410.00 feet, the chord of said curve bears North 47 degrees 21 minutes 34 seconds East, 110.59 feet; thence North 39 degrees 36 minutes 31 seconds East, 299.05 feet; thence northeasterly, 203.80 feet along a curve to the right having a radius of 490.00 feet, the chord of said curve bears North 51 degrees 31 minutes 26 seconds East, 202.34 feet to the grantor's easterly property line; thence South 00 degrees 05 minutes 32 seconds West, 97.77 feet along said easterly line; thence southwesterly, 124.51 feet along a curve to the left having a radius of 405.00 feet, the chord of said curve bears South 48 degrees 24 minutes 56 seconds West, 124.02 feet; thence South 39 degrees 36 minutes 31 seconds West, 299.05 feet; thence southwesterly, 76.40 feet along a curve to the right having a radius of 495.00 feet, the chord of said curve bears South 44 degrees 01 minute 49 seconds West, 76.32 feet; thence South 27 degrees 56 minutes 01 second West, 83.41 feet to the south line of said Northeast Quarter; thence South 88 degrees 49 minutes 22 seconds West, 850.39 feet along said south line to the Point of Beginning. Said parcel contains 2.100 acres, more or less. South Street Extension Parcel: 0001 PE Owner: NBD Trust Company, Trustee, UTA dated January 13, 1986, Trust No. 4552 Station: 25+90.63 to 40+35.25 P.I.N.: 06-20-201-002 That part of the North Half of Section 20, Township 41 North, Range 8 East of the Third Principal Meridian in Kane County, Illinois, described as follows: Commencing at the center of said Section 20; thence on an assumed bearing of North 00 degrees 06 minutes 31 seconds West, 40.01 feet along the west line of the Northeast Quarter of said Section 20 to the Point of Beginning; thence North 88 degrees 49 minutes 22 seconds East, 569.60 feet along a line 40.00 feet northerly of and parallel with the south line of said Northeast Quarter; thence northeasterly, 195.68 feet along a curve to the left having a radius of 410.00 feet, the chord of said curve bears North 75 degrees 08 minutes 59 seconds East, 193.83 feet; thence along a radial line North 28 degrees 31 minutes 24 seconds West, 5.00 feet; thence northeasterly, 45.00 feet along a curve to the left having a radius of 405.00 feet, the chord of said curve bears North 58 degrees 17 minutes 37 seconds East, 44.98 feet; thence along a radial line South 34 degrees 53 minutes 22 seconds East, 5.00 feet; thence northeasterly, 110.93 feet along a curve to the left having a radius of 410.00 feet, the chord of said curve bears North 47 degrees 21 minutes 34 seconds East, 110.59 feet; thence North 39 degrees 36 minutes 31 seconds East, 299.05 feet; thence northeasterly, 203.80 feet along a curve to the right having a radius of 490.00 feet, the chord of said curve bears North 51 degrees 31 minutes 26 seconds East, 202.34 feet to the grantor's easterly property line; thence North 00 degrees 05 minutes 32 seconds East, 5.59 feet along said easterly line; thence southwesterly, 208.39 feet along a curve to the left having a radius of 495.00 feet, the chord of said curve bears South 51 degrees 40 minutes 09 seconds West, 206.85 feet; thence South 39 degrees 36 minutes 31 seconds West, 299.05 feet; thence southwesterly, 87.08 feet along a curve to the right having a radius of 405.00 feet, the chord of said curve bears South 45 degrees 46 minutes 05 seconds West, 86.91 feet; thence along a radial line North 38 degrees 04 minutes 21 seconds West, 5.00 feet; thence southwesterly, 257.58 feet along a curve to the right having a radius of 400.00 feet, the chord of said curve bears South 70 degrees 22 minutes 30 seconds West, 253.15 feet; thence along a radial line South 01 degree 10 minutes 38 seconds East, 5.00 feet; thence South 88 degrees 49 minutes 22 seconds West, 569.50 feet along a line 45.00 feet northerly of and parallel with the south line of the Northeast Quarter of said Section 20; thence South 00 degrees 06 minutes 31 seconds East, 5.00 feet along the west line of said Northeast Quarter to the Point of Beginning. Said parcel contains 0.188 acre, more or less. South Street Extension Parcel: 0001 TE-1 Owner: NBD Trust Company, Trustee, UTA dated January 13, 1986, Trust No. 4552 Station: 25+90.72 to 40+41.79 P.I.N.: 06-20-201-002 That part of the North Half of Section 20, Township 41 North, Range 8 East of the Third Principal Meridian in Kane County, Illinois, described as follows: Commencing at the center of said Section 20; thence on an assumed bearing of North 00 degrees 06 minutes 31 seconds West, 45.01 feet along the west line of the Northeast Quarter of said Section 20 to the Point of Beginning; thence continuing North 00 degrees 06 minutes 31 seconds West, 20.00 feet along said west line; thence North 88 degrees 50 minutes 11 seconds East, 8.90 feet; thence South 01 degree 10 minutes 38 seconds East, 5.00 feet; thence North 88 degrees 49 minutes 22 seconds East, 560.22 feet; thence northeasterly, 77.81 feet along a curve to the left having a radius of 390.00 feet, the chord of said curve bears North 83 degrees 06 minutes 27 seconds East, 77.68 feet; thence North 12 degrees 36 minutes 28 seconds West, 5.00 feet; thence northeasterly, 253.89 feet along a curve to the left having a radius of 385.00 feet, the chord of said curve bears North 58 degrees 30 minutes 01 second East, 249.31 feet; thence North 39 degrees 36 minutes 31 seconds East, 153.25 feet; thence South 50 degrees 23 minutes 29 seconds East, 5.00 feet; thence North 39 degrees 36 minutes 31 seconds East, 145.81 feet; thence northeasterly, 222.11 feet along a curve to the right having a radius of 510.00 feet, the chord of said curve bears North 52 degrees 05 minutes 07 seconds East, 220.36 feet to the grantor's easterly property line; thence South 00 degrees 05 minutes 32 seconds West, 16.68 feet along said easterly line; thence southwesterly, 208.39 feet along a curve to the left having a radius of 495.00 feet, the chord of said curve bears South 51 degrees 40 minutes 09 seconds West, 206.85 feet; thence South 39 degrees 36 minutes 31 seconds West, 299.05 feet; thence southwesterly, 87.08 feet along a curve to the right having a radius of 405.00 feet, the chord of said curve bears South 45 degrees 46 minutes 05 seconds West, 86.91 feet; thence North 38 degrees 04 minutes 21 seconds West, 5.00 feet; thence southwesterly, 257.58 feet along a curve to the right having a radius of 400.00 feet, the chord of said curve bears South 70 degrees 22 minutes 30 seconds West, 253.15 feet; thence South 01 degree 10 minutes 38 seconds East, 5.00 feet; thence South 88 degrees 49 minutes 22 seconds West, 569.50 feet to the Point of Beginning. Said parcel contains 0.509 acre, more or less. • South Street Extension Parcel: 0001 TE-2 Owner: NBD Trust Company, Trustee, UTA dated January 13, 1986, Trust No. 4552 Station: 34+45 to 39+84.15 P.I.N.: 06-20-201-002 That part of the North Half of Section 20, Township 41 North, Range 8 East of the Third Principal Meridian in Kane County, Illinois, described as follows: Commencing at the center of said Section 20; thence on an assumed bearing of North 88 degrees 49 minutes 22 seconds East, 850.39 feet along the south line of the Northeast Quarter of said Section 20; thence North 27 degrees 56 minutes 01 second East, 44.36 to the Point of Beginning; thence northeasterly 115.32 feet along a curve to the left having a radius of 510.00 feet, the chord of said curve bears North 46 degrees 05 minutes 11 seconds East, 115.07 feet; thence North 39 degrees 36 minutes 31 seconds East, 299.05 feet; thence North 50 degrees 23 minutes 29 seconds West, 5.00 feet; thence northeasterly, 114.93 feet along a curve to the right having a radius of 395.00 feet, the chord of said curve bears North 47 degrees 56 minutes 40 seconds East, 114.53 feet to the grantor's easterly property line; thence North 00 degrees 05 minutes 32 seconds East, 11.97 feet along said easterly line; thence southwesterly, 124.51 feet along a curve to the left having a radius of 405.00 feet, the chord of said curve bears South 48 degrees 24 minutes 56 seconds West, 124.02 feet; thence South 39 degrees 36 minutes 31 seconds West, 299.05 feet; thence southwesterly, 76.40 feet along a curve to the right having a radius of 495.00 feet, the chord of said curve bears South 44 degrees 01 minute 49 seconds West, 76.32 feet; thence South 27 degrees 56 minutes 01 second West, 39.05 feet to the Point of Beginning. Said parcel contains 0.164 acre, more or less. EXHIBIT C South Street Easement Agreement to be inserted. - 13 - This Instrument Prepared by and Return After Recording to: Christopher J. Beck City of Elgin Legal Department 150 Dexter Court Elgin IL 60120-5555 EASEMENT AGREEMENT SOUTH STREET EXTENSION AND BOWES ROAD INTERCEPTOR—TRUNK 20 PROJECT THIS EASEMENT AGREEMENT made and entered into this 6th day of May , 1otr, by and between the City of Elgin, an Illinois municipal corporation, (hereinafter referred to as the"City"), and Chicago Title Land Trust Company, as Trustee Under a Trust Agreement dated January 13, 1986, Trust#4552 (hereinafter referred to as the "Owner"). WITNES SETH WHEREAS,the Owner is the owner of record of the real property depicted on Exhibit 1, attached hereto and incorporated herein by this reference, said property consisting of approximately 18.58 acres in Kane County,Illinois,and having Parcel Index Number 06-20-201-002 (hereinafter referred to as the"Subject Property"); and, WHEREAS,the Owner and the City have agreed to the extension of the public right- of-way commonly known as South Street over a portion of the Subject Property(hereinafter referred to as the"South Street Extension Parcel"); and, WHEREAS,the City desires to obtain a permanent easement from the Owner for the purposes of installing stormwater management and drainage facilities along a portion of the South Street Extension Parcel over the Subject Property depicted by the area designated"Parcel 0001PE" on Exhibit 1 and legally described on Exhibit 2, attached hereto and incorporated herein by this - 1 - reference (hereinafter referred to as the"South Street Drainage Easement Premises"); and, WHEREAS,the City further desires to obtain temporary construction easements from the Owner for the purposes of constructing said South Street extension and drainage facilities over the portions of the Subject Property depicted by the areas designated"Parcel 0001 TE-1"and"Parcel 0001TE-2" on Exhibit 1 and legally described on Exhibit 2 (hereinafter referred to as the "South Street Temporary Construction Easement Premises"); and, WHEREAS, the Owner has agreed to grant such easements to the City for such purposes and pursuant to the terms and conditions of this Easement Agreement. NOW, THEREFORE, for and in consideration of Ten ($10.00) in hand paid to the Owner, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. That the Owner,being the owner of the Subject Property,does hereby grant to the City a permanent and exclusive easement to install, construct, operate, use, maintain, locate, upgrade, repair, service,remove or replace swales and other stormwater management and drainage facilities,along with any appurtenances or facilities related thereto,within,over,under,along,across and through the South Street Drainage Easement Premises, together with the right of ingress and egress to and from said easement premises with such personnel as may be deemed reasonable and necessary in connection with the exercise of the rights granted herein. 2. That the Owner does hereby further grant to the City temporary construction easements allowing access over,within,under,along,across and through,and use of the South Street Temporary Construction Easement Premises for the purpose of constructing,installing,maintaining, operating or repairing the South Street extension and the drainage facilities to be located within the above-described South Street Drainage Easement Premises. The temporary construction easements -2 - • hereby granted shall be deemed terminated after the thirty-six (36) month period following the commencement of construction of the South Street extension or upon completion of the construction, whichever shall first occur. 3. That following the exercise by the City of any easement rights granted herein, the City shall promptly repair and restore the South Street Drainage Easement Premises and the South Street Temporary Construction Easement Premises to the same condition as existed immediately prior to the existence of such rights as is reasonably practicable and shall leave the South Street Drainage Easement Premises and the South Street Temporary Construction Easement Premises and surrounding premises free from debris. 4. That the City for itself,its agents and independent contractors,hereby agrees to indemnify and hold the Owner and its successors harmless from third party claims for personal injuries or property damage arising directly as a result of the City's work in the South Street Drainage Easement Premises and the South Street Temporary Construction Easement Premises during construction or during any subsequent maintenance or repair thereof. The City further agrees to indemnify and hold harmless the Owner from any and all liens placed against the South Street Drainage Easement Premises or the South Street Temporary Construction Easement Premises arising from said construction activities. 5. The Owner and the Owner's successors shall not construct any buildings or structures nor plant any trees on the South Street Drainage Easement Premises, nor undertake any other activities on the South Street Drainage Easement Premises that unreasonably interfere with the City's intended use thereof. 6. That no amendment,revision or modification hereof shall be effective unless it is in writing and signed by all parties hereto. - 3 - 7. That this agreement constitutes the entire agreement between the parties and is intended as a complete and exclusive statement of the terms of the parties agreement, and it supersedes all prior and concurrent promises,representations, proposals,negotiations, discussions and agreements that may have been made in connection with the subject matter hereof. 8. That this agreement shall be governed by and construed in accordance with the laws of the State of Illinois,and the venue for resolving any disputes hereunder shall be in the Circuit Court of Kane County, Illinois. 9. That the City may utilize the services of third party contractors,employees or other agents to perform work in either the South Street Drainage Easement Premises or the South Street Temporary Construction Easement Premises. 10. That the Owner hereby represents and warrants to the City that it is the fee simple title holder of the South Street Drainage Easement Premises and the South Street Temporary Construction Easement Premises and that it has the full power and authority to enter into and make the grant of easement as provided herein. 11. That this agreement shall be binding on the parties hereto,their successors and permitted assigns and shall run with the land. 12. That this agreement shall be recorded by the City at the City's cost with the Kane County Recorder. SIGNATURE PAGE FOLLOWS -4- This In$VNment Is executed by the undersigned Land trustee,not personalty but solely its Tnetin in the aiwmriee of the power end authority conferred upon and vested In it es inch Thisbe.It le expIIessly i,^tierstead end agreed that all tha warranties,indemnities,represent- Viols, Covenants, unc,:,..akLtsgs and agreements herein made on the part of the Trustee ere undertaken by it sotety in Its capacity as Trustee and not personally, No personal 14;"-ty or personal responsibility Is assumed by or shall at any time be asserted et enfarceebla against the Trustee en account of any warranty. Indemnity.rspt$seUtaflory ova:36ot.undartaking or agraament of the Iru3tes In this sastfwheat. VI CZ ' r, g � E E 0 qt t, 0 o 0 4) 'A2..) 4—. a) U a) H ` t.. 0 0 1 CO cn Q 7:3E ♦ C (0 il Q' cc� 15 Et > 0ti°' on 0 cl alaa ; v' . U H - Q pq4.1 a ' tri a> c w O a) >, 0 \ )-o U ) V) ...= 0 \Q , o 3 = 0 C.) a 0 cd tit U Q W U a � p , v +; U v cn W U al Q GQ . . . STATE OF ILLINOIS ) ) SS. COUNTY OFKANE ) I,the undersigned, a Notary Public, in and for said County, in the State aforesaid,do hereby certify that Sean Stegall,City Manager,and Kimberly Dewis,City Clerk,personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their free and voluntary act for the uses and purposes therein set forth. Given under my hand an official seal,this 64day of , X15 #,..,r', JENNIFER QUINTON / / r .,,,. OFFICIAL SEAL - y .e ,✓ Notary Public.State of kiinois My Commission Expires �r:; �� January 10,2016 No - Publ•• STATE OF .27-49.vo%s ) ) SS. COUNTY OF litre ) I,the undersigned, a Notary Public, in and for sai C unty,in the State aforesaid,do hereby certify that MARY M. BRAY ,ted TNiST ,are personally known to me to be the same persons whose names are subscribed to the foregoing instrument,appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their free and voluntary act of the uses and purposes therein set forth. Given under my hand an official seal,this /OT'+ day of /9701714N • , oZ40/5 . �4_ •- ooeeeeeeeeo®ooeoeeeeoeeeeeee Notary Pu. • i •• "OFFICIAL SEAL" • Notary• Eva F e Ptrbll:.,Statetgi • • of Illinois e MY Cort mis:gen Expires 4/26/2015 : - 6 - EXHIBIT 1 Plat of Highways—City of Elgin—South Street Extension,Sheet 1 of 6 and Sheet 2 of 6,prepared by Hampton, Lenzini and Renwick, Inc.,to be inserted (to be supplied by the City). - 7 - PART OF SECTION 20, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, KANE COUNTY, ILLINOIS. LEGEND ° " TOr1anl�iLs Ma an .11"' 11 M5KT WV' 20140111 11 M ! ♦4, 0001 1,100 At NA 13.46 Act NA NA hitt BE01)04 WARTER GOOIM Nm TRUST COMPANY.171855E UTA DATED 13.56 Act NA NA NA 0.1811 Act ORAMAE ,$V WS COINERBE NDN 000111-1 A.11 1566,IMOT 4611 NA NA NA 3.008 Act CO I51RUCnd1 d-10-201-003 - - SECTION LME 00011E-1 NA NA NA 3.114 Act 00151MCMN ----- DARTER 1Cn07 UNE 0009 0136 Act NA ISM Act NA NA ----- WRIER,WRIER SECTION UNE 00065E 5131A SECURITIES INC. I.35 01 Act NA NA NA 0.013 Act 01441406-20-1°0-010 _ RapPLATTEDLOT WE o _e__� � PROERn(DEW UNC 0001TE NA NA NA 3.174 Act CCNSTRUCTKN - _Ad_ _ APPARENT PROPERTY LOC -- - - CEN1E01NE - - - MATING NW Cr WAY UNE W MAC EASEMENT I1110205E0 0104 OF WAY ZINE 743010110 1E57011.431 1410084)7 N.UNE Cr TM S TNOW R TM E N.MAX BEC.10-41-1 J94)' MEASURED 0140190N DAMAGE[458X57 • I ) RECORD DATA {L �,� • 015150 55.132.05 _ A A • MN P0R OPE ROD FORD • PIC NF00 01 SET M OOJJE1 04058 FQM°m 9:T 0 yS/e MBA011pSEET 41 •4 MON RW 15 0 710 PNO00 001 110NlUITAlIW SET 3 001 • o TS BY COOED PLASTIC CAP BERING 910/141005 BEGS10ATI0N NI*01R.. ''P •BTI 411 N oILTIVA MEAS REEERENLE FORD m SET W 011 TAROK BL116E0 1 NCI 000>D 71.45 BELOW WdRNO M FITS SURVEYORS ONU ENTA1104 OEM 1100 BY C0.AED RASVC CR KAMM 11REasTRADON NUMBER b • WEN: mri Lirc 111E TATIWay...SSA °TREii 00 5Y"I n0IW:Y 11,121.14S,UR6 C EEN y: DATA 10 91X118311 REOSTRATNN NIP . �dI NV 2O.0.1961 9 •4 STANG 7 PROVED 5GNT a WAY II ALMA.44420 REAS RE 5.BUNKO 1/1 DOC.NO.91040020 `1 oicK MM1101 POSTON.400 017101E5 BELOW COMM M BY COLORED TO MARK CAP BEARINNGG 9)0100X5 REGISTRATION AMER. 13 SAlT OF WAY STA MG PROPOSED 10 BE SET Si STATE or 1,111011) C0M1Y Cr NAE r3 YIPS M TO CERTIFY THAT I,KAVA N.LTC 4,A ASM0s PROFEs9015 Lura 9RN1rt0.NAS 5.0118110 INE RUT ONANNY'S MOWN NMCN Al MC1154 XL C0.A7AT47 11HAT TTM SUM13 INORIA RANGE s 14301 MT IOM mAVLITE AS 43SNoWNME INIRD µ io017 '115110 MY NNONL 40NUMENGE/15 Wlw NC ESTT/ausITHAT Da Aim At OI PERMANENT a*4)11 SAM 4440 OCCUPY50 THE P097045 9MOA 1OEON AND MAT 741 4UIUNdTs AR[91T0[NT To ENABLE THE SA11T 10 BE RETRACED.MME FOR TIE CITY OF ELGIN.STATE OF Wen 11.5 ImorESSoNCM AN28/11 STANDARDS m W MUNDANE WIWI FOR NAT 12151151 910X11 AWM.CONTORIA TO 110 comENTS PROPOSED 1.1101T-01-WAY. UM AT ELON SUN03 153_DAY Cr .20_AFI. -113.71 ILL1N05 1510FE590NAL LAD 9101100 No.3301 R-143.00• Cl-N103WOTt LC-I113W PREPARED BD X8110'11'14 ma LENEM,AND 0184)40 INC. ]80 3 EPAm 001 L -117.16' 1-111.117' 1)09110 8'90 ELGIN,ARMORS SO123-7010 11100 R..6100 99.00.LT 15.00 ALTONT NO.3-05-0139 d-sanWOYW d-11019'031 8100'LT SLAPSMAMMAL019011 ERY NO.184.000959 LC-111.72' LC-132.42 �✓,o 22:5200 10'710 SW']e1 PROPOSED PERMANENT 0141110E EASEMENT PROPOSED TEMPORARY EASEMENT ..p".1.11E-1 mm CONTINUED mt33.0 52.13.11 7€ a 914E- 11439]1 1• L Oemuy L tl�i4 nY an'sl_ rTan°WS+'W •\' -NOW--9-u _p6o7.1_ �B06R�� '1.3.6.oo0n[ ' _ 3.L _D6' GMEOP2Y.-WV-.- .1�PLYi:.Ll-._. __' B »..am l+ i_SIQPo'U-1, 34.14'® =3._ - r SIR iSET�'l hA4k3>ic"- -�7i 13c�d9.1k-��__�_- Iffi „$ 973.00 ST1 gSE __ 5200 ,,I PRaPoxD STREET m .. ® ILD.Lv�.:.;•it § SOUTH ' lxi39' e9�r� ._.mac { 19.00 s.m 31.00 \ TLTip1r __ 13.00 �11.00 SSiar .18.'00 •�� n._m _ �- N-__,--►__�I-�+- _ _ __ _211+i�--__ �Ff \ -FB311immi1.c 3 17.00-�^- Nec s•v'E 1100.19' ------ T �. CPT I ~ `PROPOSED X 'tit § ` 4c 10-41-6 I.w.22 row I f _ S.UNE NW X SEG 10-41-1 i` P:1 L T 7.06 0001E ,Aydl �. elm �- Fps EINSTN0 RAW.PER WAIERF55 916 O.•, 40. LT.„....------- PI T/ P STA. 1.75 P C.60001107[ DOC. 11311E1050201011n7S it Irt, PloPoxo E\ A-18.1110' PAC.00015-1 R-.00.00" P.oc.00011-1 -114.30 'SOATE'i T-87.54' P.O.C..00...0006 T1 ALL BEARINGS ARE BASED ON LUNCNS FDM E-4.11' 8.468119 EAST 1PLANE1) AD 61.SYSTEM P7sA-11439.52 A-2245211 PLAT OF HIGHWAYS CITY of ELGIN SOUTH STREET EXTENSION KANE COUNTY SECTION PROJECT JOB NEL STATION 10:00 TO STATION 31.00 SCALE: I--00' SHEET 1 OF/ ISO DEXTER COURT REWSED 10/11 1PUT PMCEL 000 M10 0W•001 081 ELGIN.ILLINOIS 60120 • SOUTH STREET EXTENSION KANE COUNTY PART OF SECTION 20, TOWNSHIP 41 NORTH. RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, KANE COUNTY, ILLINOIS. • LEGEND !'1. /}� wMRR OM . WI 1p},{l �E� gQ�Epp� pqIEE�R,�6 P1�pppg 6 p�Ep ��� tat 4oRNC10M(11 SECTION NNIFA R Ma TAxIX OmICABON RCM1AIOER EOAyIEIiT [A9E4M AWNl1m BY - NN.9KI1 10+.1.)9 ,+a(:i CORNER 0.0.04 SEC SLEET f - SECTION UNE 0002 0.042 Acs NA 4.740 AcA NA NA- --- w 01ER SECTION UNE THE*Mar=1MTED PARRER9IP 4.es2 Act De-A-.00'0031Pf7 1 - -- - PLATIN LOT U0E SECTION UNE 00021E NA NA NA 0.091 Act CW4IRUCTIW 40.30.20 1941% /��� PTOPETTv(05(07 UN[ I.222.14' L-206)9' •• 559 _ _NI- - APPARO1 PROPONTY LINE -540.08 R..910(1' % ' 45+00 - - - CENTENAQ CH-N52T5'DYE d-SAIRoa9'W 1. LC 220.38' LC-20695' /� EASIING RIGHT O WAY UNE 40.]2.9) .L� �3 - - CRSTING EASEMENT AT LAE 31+4911 /�, L ---- PR RWOEARpROPOSET RIGHT OF Y EASEYYE4(1 �p I � PMi05CD PERMANENT OtANAS EASE4OIT 20+4591 / 1P�/ SO 05.32.* 39..1' WARMED 04(5404 /j 91.77.,...Rm.' ' C 7 440500 DATA ]5.101 ]9161.15 EASING Wi14DNGS PRARipaliiiell pa L-40.08 [_..1al /.2 R.40108 ` /i 11.97 024.NT9'IT]YE • MON PIPE OR ROD(OMD • IN NAL FOUND OR SET LC-0+.95 T+00 , + OUT CROSS(OUN0 OR SEI 0 5/r REI M SET g NT02Y29MW I 31.70.74 •h STYES RO[PENS(pytq A 3ET A ZT 5 NG4 R.41600' ��+J/ 100' A' 0+1 RW %DTII T5E 01010+0 TOTIE 4019RIENT IDFN19E0 R. CH.4441ST]•! 0[50.23 9.0 Y :' i3 BY 50 STMI(0.ORO 14 CAR TEARING SURVEYORS REWTRATov 001 Lc-11040 ace /j PC] I-26045 •Br2 4 �TATOO LIR D'7015 9017011600 20 39410*OIWID TO L-25].45 R.490.00' R.]90.00' ]).00 � CO.N41']I'24t BT] TC An W.OEN IIE�0Y 50.04410 44700[05 CAP BCAMNG O.-N5r]Ob1'E L-07.00. - " / LC-30.3.1. SBMSEYOR3 IppIEpR0��3TppPggApnpIM RUINER gg}} VR3IpN ��y5 LC_240.]1• R-40500' • 4.vN mum 7,04E TPOSz,..I40Mp IDENTFK E)�155CPAPuzy W-510'40'040+00 �40'n ;�it)° > 2 • 254501 L.121.51' DATA 591 SURVEYORS PROSTRATION NUMBER. LC.0+.91' A.40.7S / R.10000' •4 .TAXING G(MIMES PNMT CV WAY N CULTIVATED MEAS SLAM 5/e • 124,0r Sa0+W 47016.POR 01144(0 BY 50.0000 PLASTIC CM SEARN6 SMVEVOUS / BEM '/ ]0+4191 MOR NON RO3 20 NOES RE10W GROUND TO MARK NTIME SURVEY R_MOO' / yC-12407 TOL IC•54]96'20'( ]0+0+.70 ,p t' ROT OF A 0+14+71. LC-/1445 .Neo ".:1411,,, q7jO S{ i / )0+10.0+ e a RAr srMINc 000.1600[5 ro eE 5Er 0+00' L-114.95 - 9565 • L8 / R.704.00TREII,MOUR.ILII AGt - Ia00' N300411MR p/ �� R .5144'40•( srAlE a 4415019d-510[94'%'0 ago' '/9I Er Lc-114.er COUNTY 6 RARE 5- ..• y 01-51022']0'* N 4. Q�� AL LAND TMKD4R.HAroR19.MTKY♦D 7011€RA 50.N +4LYON 5 91+50 NWOO ERCOII M 7044004 20 Lc-26045' JJ.70 4/ 'i' 0650E$ 100045101 41 NOOK RATS 5 EAST 0(TE TIO PRINCIPAL 4I]UOA.RAK 7 �t 4 0 5TA-100600 Co..THAT iK SMKY R TRUE AO COMER(AS SROM TO TR BEST 4r 512•]52100 SJ1Tf227E / PR e-MI'S9' 0400200[Ab sawn MAT TE RAT WM.,REPRESENTS SAO 9MKT THAT J1+9622 0.W N29.31.'W }08 4 )M' W[yA*DER.2.046 ACS L.Moe ALL 40440+003 TORNO 0+p[NO 7111AT AHE O RTI4ApW OU rnSurr AND OCpRr THE LE THE 5 SOMI BE RE AND MAT THE OR TIE AWE 9eN.STA TO ON SUIT 1 ]2+60 0.00 ENABLE THE SURVEY 70 BE RETRACED.400E FOR TIE pTY OF ELGIN.STA Oi L i-140.11 41114015 TRS PRO(E3901K WINCE 00104440[TO TUE CURRENT LOOS WNW ni 31+90.22 ]Nle 2540.15 STAB.]9.40.61 •011-0,302.0 FOR A Bw1OMY.601x(1 FOR THAT 16044/100 944045 N 444444.01® RR�OSED PDNAENT MANAGE EASEMENT PROPOSED TDIPWRY EASO•]RT SaITO.Y7E 632.50 600 L •• ]5/1.70 Ll0.n 40, PT 4..1.59.92 CARD AT 0.944 LUNO}TRS_O.or .20_700. 44440160.00 tat 500' / 00.90.0. ]1.n -'�ao5 _.77 .- • R .sSrnvrW .M�4r22;LRR012�� _ �_�' TX �. Lc-r.]Y RUNUs RROEsaO1A LAO AMVEVTR 400.J]DI !'ice'.22.0q-..- _. .. ' 52Tee'm'w 1.42513401.-2 L-In.& 6041PR...on • Tunm ® 31+90.22 SS+1P R-410.00' N v _. HARMON. AIO 804001 Ma • 321.52700 40.00 LT ! 73.600+ 4.70 a•=11 �•11.0 0.3e N ]2.]e' ✓ -- - - ELAN.Lukas 00123-7010 POO Nes' 29400 �'x J 03 JI.00 ate= _��,_ ' ------- --{•-�---- ACCOUNT Na 105-02]21 E 5,3,PW 0002. 1.)] 4411500[R1a)E9OIA SSIM PRI/Na IN.000990 P.0.G,900028 PC2 MVM'e' ® 90.. R y S 33= _ �-- ../'' 60� 0'71 P STAB.]�3+M.]i SEC]0-IE P.0.&000210 610 I�- \ L.212.00' R-40008 00.4022/ 2550.19* [USING R6W ,1.21() IPRVOS[p RWOIARY R •60� 7.208,10' }0117 RT - R.0.W. EASE4FNT CH.S79']0'N'W Lc-211.07 40110200+00 I [' �'El4 L-51005 PT STA-3144025 Ra95 ... 90.4- R.510.00' \ PT STA-]56.70 4 a_N7047.1 ]1+4222 SEs/ LC.24).)4'7.311. 111112111 156)0 \ NATERRdm SUB. 1100,10/27E R.4xi00 t} w-15705'17E \ NC.OCT.27 2 2 22]5 LC.157.95' LOT D DOC.NO 200Eit11672D rail 006 N , rail. 46 \\ V 4 Te 44 15 \ \ B• ALL BEARINGS ARE BASED ON ILLINOIS 44 STATE PLANE COORDINATE SYSTEM 6 EAST ZONE MO.. '7 w11 PLAT OF HIGHWAYS iI CFO'OF ELAN S I SOUTH STREET EXTENSION RAKE COUNTY SECTION 45 !pi 4010+51 LOT 49 MOOED 160+0.(50 JDB Na 7 I STATION 29+00 SCTO STATION 42.00 ALE: 1'.60' SHEET 2 Of 6 49 I 150 DEXTER COURT /1/42 SLIT PARRL OM 0001 0 660.4 0.... ILLINOIS 60170 Taws.0 SOUTH STREET EXTENSION KANE COUNTY EXHIBIT 2 Legal Descriptions of South Street Drainage Easement Premises and South Street Temporary Construction Easement Premises to be inserted (to be supplied by the City). - 8 - ♦ 1 . South Street Extension Parcel: 0001 PE Owner: NBD Trust Company, Trustee, UTA dated January 13, 1986, Trust No. 4552 Station: 25+90.63 to 40+35.25 P.I.N.: 06-20-201-002 That part of the North Half of Section 20, Township 41 North, Range 8 East of the Third Principal Meridian in Kane County, Illinois, described as follows: Commencing at the center of said Section 20; thence on an assumed bearing of North 00 degrees 06 minutes 31 seconds West, 40.01 feet along the west line of the Northeast Quarter of said Section 20 to the Point of Beginning; thence North 88 degrees 49 minutes 22 seconds East, 569.60 feet along a line 40.00 feet northerly of and parallel with the south line of said Northeast Quarter; thence northeasterly, 195.68 feet along a curve to the left having a radius of 410.00 feet, the chord of said curve bears North 75 degrees 08 minutes 59 seconds East, 193.83 feet; thence along 'a radial line North 28 degrees 31 minutes 24 seconds West, 5.00 feet; thence northeasterly, 45.00 feet along a curve to the left having a radius of 405.00 feet, the chord of said curve bears North 58 degrees 17 minutes 37 seconds East, 44.98 feet; thence along a radial line South 34 degrees 53 minutes 22 seconds East, 5.00 feet; thence northeasterly, 110.93 feet along a curve to the left having a radius of 410.00 feet, the chord of said curve bears North 47 degrees 21 minutes 34 seconds East, 110.59 feet; thence North 39 degrees 36 minutes 31 seconds East, 299.05 feet; thence northeasterly, 203.80 feet along a curve to the right having a radius of 490.00 feet, the chord of said curve bears North 51 degrees 31 minutes 26 seconds East, 202.34 feet to the grantor's easterly property line; thence North 00 degrees 05 minutes 32 seconds East, 5.59 feet along said easterly line; thence southwesterly, 208.39 feet along a curve to the left having a radius of 495.00 feet, the chord of said curve bears South 51 degrees 40 minutes 09 seconds West, 206.85 feet; thence South 39 degrees 36 minutes 31 seconds West, 299.05 feet; thence southwesterly, 87.08 feet along a curve to the right having a radius of 405.00 feet, the chord of said curve bears South 45 degrees 46 minutes 05 seconds West, 86.91 feet; thence along a radial line North 38 degrees 04 minutes 21 seconds West, 5.00 feet; thence southwesterly, 257.58 feet along a curve to the right having a radius of 400.00 feet, the chord of said curve bears South 70 degrees 22 minutes 30 seconds West, 253.15 feet; thence along a radial line South 01 degree 10 minutes 38 seconds East, 5.00 feet; thence South 88 degrees 49 minutes 22 seconds West, 569.50 feet along a line 45.00 feet northerly of and parallel with the south line of the Northeast Quarter of said Section 20; thence South 00 degrees 06 minutes 31 seconds East, 5.00 feet along the west line of said Northeast Quarter to the Point of Beginning. Said parcel contains 0.188 acre, more or less. South Street Extension Parcel: 0001 TE-1 Owner: NBD Trust Company, Trustee, UTA dated January 13, 1986, Trust No. 4552 Station: 25+90.72 to 40+41.79 P.I.N.: 06-20-201-002 That part of the North Half of Section 20, Township 41 North, Range 8 East of the Third Principal Meridian in Kane County, Illinois, described as follows: Commencing at the center of said Section 20; thence on an assumed bearing of North 00 degrees 06 minutes 31 seconds West, 45.01 feet along the west line of the Northeast Quarter of said Section 20 to the Point of Beginning; thence continuing North 00 degrees 06 minutes 31 seconds West, 20.00 feet along said west line; thence North 88 degrees 50 minutes 11 seconds East, 8.90 feet; thence South 01 degree 10 minutes 38 seconds East, 5.00 feet; thence North 88 degrees 49 minutes 22 seconds East, 560.22 feet; thence northeasterly, 77.81 feet along a curve to the left having a radius of 390.00 feet, the chord of said curve bears North 83 degrees 06 minutes 27 seconds East, 77.68 feet; thence North 12 degrees 36 minutes 28 seconds West, 5.00 feet; thence northeasterly, 253.89 feet along a curve to the left having a radius of 385.00 feet, the chord of said curve bears North 58 degrees 30 minutes 01 second East, 249.31 feet; thence North 39 degrees 36 minutes 31 seconds East, 153.25 feet; thence South 50 degrees 23 minutes 29 seconds East, 5.00 feet; thence North 39 degrees 36 minutes 31 seconds East, 145.81 feet; thence northeasterly, 222.11 feet along a curve to the right having a radius of 510.00 feet, the chord of said curve bears North 52 degrees 05 minutes 07 seconds East, 220.36 feet to the grantor's easterly property line; thence South 00 degrees 05 minutes 32 seconds West, 16.68 feet along said easterly line; thence southwesterly, 208.39 feet along a curve to the left having a radius of 495.00 feet, the chord of said curve bears South 51 degrees 40 minutes 09 seconds West, 206.85 feet; thence South 39 degrees 36 minutes 31 seconds West, 299.05 feet; thence southwesterly, 87.08 feet along a curve to the right having a radius of 405.00 feet, the chord of said curve bears South 45 degrees 46 minutes 05 seconds West, 86.91 feet; thence North 38 degrees 04 minutes 21 seconds West, 5.00 feet; thence southwesterly, 257.58 feet along a curve to the right having a radius of 400.00 feet, the chord of said curve bears South 70 degrees 22 minutes 30 seconds West, 253.15 feet; thence South 01 degree 10 minutes 38 seconds East, 5.00 feet; thence South 88 degrees 49 minutes 22 seconds West, 569.50 feet to the Point of Beginning. Said parcel contains 0.509 acre, more or less. South Street Extension Parcel: 0001 TE-2 Owner: NBD Trust Company, Trustee, UTA dated January 13, 1986, Trust No. 4552 Station: 34+45 to 39+84.15 P.I.N.: 06-20-201-002 That part of the North Half of Section 20, Township 41 North, Range 8 East of the Third Principal Meridian in Kane County, Illinois, described as follows: Commencing at the center of said Section 20; thence on an assumed bearing of North 88 degrees 49 minutes 22 seconds East, 850.39 feet along the south line of the Northeast Quarter of said Section 20; thence North 27 degrees 56 minutes 01 second East, 44.36 to the Point of Beginning; thence northeasterly 115.32 feet along a curve to the left having a radius of 510.00 feet, the chord of said curve bears North 46 degrees 05 minutes 11 seconds East, 115.07 feet; thence North 39 degrees 36 minutes 31 seconds East, 299.05 feet; thence North 50 degrees 23 minutes 29 seconds West, 5.00 feet; thence northeasterly, 114.93 feet along a curve to the right having a radius of 395.00 feet, the chord of said curve bears North 47 degrees 56 minutes 40 seconds East, 114.53 feet to the grantor's easterly property line; thence North 00 degrees 05 minutes 32 seconds East, 11.97 feet along said easterly line; thence southwesterly, 124.51 feet along a curve to the left having a radius of 405.00 feet, the chord of said curve bears South 48 degrees 24 minutes 56 seconds West, 124.02 feet; thence South 39 degrees 36 minutes 31 seconds West, 299.05 feet; thence southwesterly, 76.40 feet along a curve to the right having a radius of 495.00 feet, the chord of said curve bears South 44 degrees 01 minute 49 seconds West, 76.32 feet; thence South 27 degrees 56 minutes 01 second West, 39.05 feet to the Point of Beginning. Said parcel contains 0.164 acre, more or less. • c a EXHIBIT D CITY OF ELGIN—FEE SCHEDULE** A) Annexation 1. Annexation Fee (10-100 acres) Waived 2. Annexation Agreement review fee Waived B) Recapture 1. South Street Extension Waived 2. Bowes Road IS—Trunk 20 Waived C) Permit 1. Electrical Permit 375 2. HVAC Permit 195 3. Plumbing Permit 310 4. CO 190 5. Plan Review Fee 495—788* 6. Permit Fee—for construction—depends on square footage a. House $45/100 sq. ft 1,980 - 3,150* b. Garage $20/100 sq. ft 120 D) Impact 1. Water Services— 1" Waived 2. Public Safety 931 3. Roadway Contribution Waived 4. Sewer Recapture—Bowes Road IS Waived 5. Sewer Recapture—BRIS —Trunk Line Waived 6. Water System Capital Connection Fee Waived 7. Community Park Capital Fee 904 - 1,175* 8. Community Park Land Fee Waived 9. Library 210 - 272* 10. School Capital 2,388 - 3,184* 11. School Land 1,810 - 2,284* 12. School Transition Waived (*Based on 2400 sq. ft. and 4000 sq. ft. homes) (**Dollar amounts of fees based upon City of Elgin's 2014 ordinances and regulations)