15-69 Resolution No. 15-69
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT FOR DEDICATION OF
PUBLIC RIGHT-OF-WAY AND TEMPORARY AND PERMANENT EASEMENTS
WITH TIG PROPERTIES, LLC
(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 TIG Properties,LLC, 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
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Date Time By
Resolution No. 15-69
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT FOR DEDICATION OF
PUBLIC RIGHT-OF-WAY AND TEMPORARY AND PERMANENT EASEMENTS
WITH TIG PROPERTIES, LLC
(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 TIG Properties,LLC,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
s f
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 , 2015 , by and between the CITY OF
ELGIN, an Illinois municipal corporation (hereinafter referred to as the "City"), and TIG
Properties, LLC, an Illinois limited liability company(hereinafter referred to as the"Owner").
WITNES SETH
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 14.36 acres in Kane County, Illinois, and having Parcel Index Number 06-20-100-
010(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 0008" 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 (`KRIS-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 0008PE" 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 that portion of the
Subject Property depicted by the area designated "Parcel 0008TE" on Exhibit A and legally
described in Exhibit B (hereinafter referred to as the "South Street Temporary Construction
Easement"); 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
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
Title Company commit to insure against loss or damage that may be associated by such
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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. Closin . The time of the closing ("Closing" or "Closing Date") shall be 011-e-
be€ale ary-2$7fH�;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
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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)
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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 Easement. 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 Easement 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 six (6) 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.
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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 six (6) 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 development
thereof. 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.
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•
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
service. Notices may also be served on the attorneys for the parties via e-mail or by use of a
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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 the 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 TIG Properties, LLC, 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
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CITY OF ELGIN, an Illinois TIG PROPERTIES, LLC, an Illinois limited
Municipal Corporation liability company
By: By:
City Manager //
Its: e.be.--
Attest: Attest: /
By: By: )4 111/
City Clerk B
Its: nit
150 Dexter Court c/o David Haegeland
Elgin,Illinois 60120-5555 4300 Lincoln Ave.,Unit Q
Attention: City Manager Rolling Meadows,IL 60008
with a copy of any notice to:
William A. Cogley
Corporation Counsel
City of Elgin
150 Dexter Court
Elgin, IL 60120-5555
847-931-5655 (phone)
847-931-5665 (facsimile)
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STATE OF ILLINOIS )
) SS.
COUNTY OF K A N E )
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.
i e. se s t. , s an official seal,this 1.44N day of lest.
11
.4.",".---. JENNIFER OUINTON
OFFICIAL.SEAL
;'r j NotaryPublic,StateofItlinoisMy Commission Expires
itiasr' January,10,2016 s
Publ.
STATE OF IL )
SS.
COUNTY OF eo o k )
I, the undersigisd, a No Public, in and fqr said Coun , in the State aforesaid,
do hereby certify that L1,4,44600/1 , and NV,.t y� 4,,.� , are personally
known to me to be the same peons whose names are subscfibed 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 2) day of 4, g,. Ler , Pl.
OFFICIALS a'1� \ _
SEAL Notary THOMA Public
NOTARY PUBLIC-STATE OF ILLINCt;
MY COMMISSION EXPIRES:07/17/18
- 10 -
EXHIBIT A
Plat of Highways— South Street Extension, Sheet 1 of 6,prepared by Hampton,Lenzini and
Renwick, Inc., to be inserted.
- 11 -
PART OF SECTION 20, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, KANE COUNTY. ILLINOIS.
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0001 3100 Act NA 15.46 Act NA NA /ARI:' SECTION QUARTER
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00011E N60 TRUST COMPANY.TRUSTEE VIA DATED NA NA NA O.I1 Act DRAINAGE nap, CORNER COMER
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lNA NA NA 0.!MCONSTRUCTIONAcCONSTRUCTIONN t►
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00011E-2 NA NA NA 0164 Act COMIRICTION ---- QUARTER MGR*UNE
0006 0.425 Act NA 1104 43 NA NA ----- QUARTER.QUARTER SECTION UNE
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MS IS TO CERTIFY THAT I.RESNA N.LYON,AN LOOM PROFESSIONAL LAND
91RV54000 HAVE STRAYED TIRE RAT GE R0M'A1S 910NN HEREON IN SECTION 24
TOVAT5.qEAST
WTHRD SCIPAL TlSCCO NTR THAE9�Y IS UE MD PIFIE AS 94000O A114 MT OF Al
MOO=AND BEUEE;THAT THE PLAT CORRECTLY REPRESENTS SAD SURAT`THAT
AU.IMNUIENl5 FOUND AM)E5T49LISNE0 ARE Cr PERMANENT 0UAIIY AND 0.41351
TIE POSTIONS 940M.HEREON AND NM THE MONUMENTS ME ARROW TD
ENABLE 1110 SURAT TO BE RETRACED.MADE FoK THE OTY Cr ELGIN.STAR OF
WOOS TAS PROFES90602 UM
STAOMD5 FOR BOUNDARY SURVEY FON MAT PORION 56074 AS PROPOSED
OY
ROI1-O-WAY
DATED AT ALGIA UAW.MS DAY Cr
L-1211$ I11NOS PROESSONA1 LAND SURVEYOR No 3302
IR.4/0.00'
01.11005703.E
LC-125 00' PREPARED BY.
69119011-E 300
LOOT*AIM ROOM INC
]00 S1EPARD ORE
-127.17 L-132.61 2!.51.10 5.90 ELGIN.LIMOS 60123-7010
0.0000' R.b50D'
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26400 ACCOUNT Na 3-05-02321
Cl-SSDA'0.3N 01.146719.03E 6100'LT ILLINOIS RN0RE9dK OE9d FIRM N0.IM.000069
LC-125.72' LC-132.47
22.5152 3Q00 9311096'0
PROPOSED PERMANENT DRANAOE EASEMENT
L PROPOSED TE13ORARY EASEMENT 7.O.e.00011E-I CONTIILEO
21.»a3 2].11.62 A.9613 ».00 L �2'7qpIT�-T ON SHEET
r.»a2 L L ANCIPX-Ii t--- am L .••i _N4€2?_eea22_ �_
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P.o9.0506E II _a.• I >m W!1'12�.Jf°:C�._.-.1iQR('S'' •__ .-
20.156 - , 1_56ET9YL'W 34.20_ - _-.
d$ 1,...7511 - - r -' b.Ai 06DOIPE SOUTH STREETMI
$ E 9i2f .6152 ++r ® PROP05m Lar`��;E1,.4a.. Lr § n.ao W0 Zy,� 5xi»' y,a0 11.00
_ 'S---- --__77. -701.K - - a - «°D X2..+00 5xED 5 25400 NV '''''.7.75..-.
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N 2551.x• SII ZZYS)" .5316p N5Ce0'1T[4 A� 5)0.3 N6Sw'Zz'E 26!0.19•
I.»a2 PTI PROPOSED( ill k PROPOSED 55 311-/I-0
---- - 3.UR NW k SEC ZIF-41-6 J / 1774' PC 1 L GE 1 __ .L_
-,p 7 P.a1 OODRC
P'- 139 a.00�00/ .$ I POe 0005 16 *PER NATERORO 9.B.
�11�• /\ R STA.-31.99.75 0.C.00018 No.]OMK1,51E6
q
PROPOSED( \ L e-16'2727 ROC.00011E-1
(A i-/0000' P P.O.C.OOtR-2
,a -214.50 P.O..0005
4.11PWOVE ALL BEARINGS ARE BASED ON ILL61015
1-57.54' .G 000.5E STATE PLANE COORDBNATE SYSTEM
FD 11 E.412'
PG 5TA-n.»23 25i5966 EAST ZONE GRID.NAD 61
PT STA.22.5.562
PLAT OF HIGHWAYS
CITY OF ELGIN
SOUTH STREET EXTENSION
KANE COUNTY SECTION
PROJECT JOB N0,
STATION 20.00 TO STATION 31+00
SCALE: I--50' SHEET I OF 6
130 DEXTER COURT
•
RINSED 5/7/13 SPLIT PARCEL 0001 PITO 0001 t 0006 90 ELGIN.ILLINOIS 30170
SOUTH STREET EXTENSION KANE COUNTY
EXHIBIT B
Legal Descriptions of South Street Extension, South Street Drainage Easement, and South Street
Temporary Construction Easement to be inserted (to be supplied by the City).
- 12 -
South Street Extension
Parcel: 0008
Owner: TIG PROPERTIES, LLC
Station: 20+60.60 to 25+90.63
P.I.N.: 06-20-100-010
That part of the South 660.00 feet of the East Half of the Northwest Quarter 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 South 88 degrees
50 minutes 11 seconds West, 535.82 feet along the south line of the Northwest Quarter of said
Section 20; thence North 72 degrees 27 minutes 53 seconds East, 78.61 feet; thence
northeasterly, 125.73 feet on a curve to the right having a radius of 440.00 feet, the chord of
said curve bears North 80 degrees 39 minutes 03 seconds East, 125.30 feet; thence North
88 degrees 50 minutes 11 seconds East, 337.10 feet along a line 40.00 feet northerly of and
parallel with the south line of said Northwest Quarter; thence South 00 degrees 06 minutes
31 seconds East, 40.01 feet along the east line of said Northwest Quarter to the Point of
Beginning.
Said parcel contains 0.425 acre, more or less.
South Street Extension
Parcel: 0008 PE
Owner: TIG PROPERTIES, LLC
Station: 20+43.58 to 25+90.63
P.I.N.: 06-20-100-010
That part of the South 660.00 feet of the East Half of the Northwest Quarter 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 South
88 degrees 50 minutes 11 seconds West, 535.82 feet along the south line of the Northwest
Quarter of said Section 20 to the Point of Beginning; thence North 72 degrees 27 minutes
53 seconds East, 78.61 feet; thence northeasterly, 125.73 feet along a curve to the right having
a radius of 440.00 feet, the chord of said curve bears North 80 degrees 39 minutes 03 seconds
East, 125.30 feet; thence North 88 degrees 50 minutes 11 seconds East, 337.10 feet along a
line 40.00 feet northerly of and parallel with the south line of said Northwest Quarter; thence
North 00 degrees 06 minutes 31 seconds West, 5.00 feet along the east line of said Northwest
Quarter; thence South 88 degrees 50 minutes 11 seconds West, 337.20 feet along a line 45.00
feet northerly of and parallel with the south line of said Northwest Quarter; thence
southwesterly, 127.16 feet along a curve to the left having a radius of 445.00 feet, the chord of
said curve bears South 80 degrees 39 minutes 03 seconds West, 126.72 feet; thence South 72
degrees 27 minutes 53 seconds West, 95.63 feet to the south line of said Northwest Quarter;
thence North 88 degrees 50 minutes 11 seconds East, 17.74 feet along said south line to the
Point of Beginning.
Said parcel contains 0.063 acre, more or less.
South Street Extension
Parcel: 0008 TE
Owner: TIC PROPERTIES, LLC
Station: 19+75.51 to 25+91.10
P.I.N.: 06-20-100-010
That part of the South 660.00 feet of the East Half of the Northwest Quarter 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 South
88 degrees 50 minutes 11 seconds West, 553.56 feet along the south line of the Northwest
Quarter of said Section 20 to the Point of Beginning; thence continuing South 88 degrees
50 minutes 11 seconds West, 70.96 feet along said south line; thence North 72 degrees
27 minutes 53 seconds East, 163.71 feet; thence northeasterly, 132.87 feet along a curve to
the right having a radius of 465.00 feet, the chord of said curve bears North 80 degrees
39 minutes 03 seconds East, 132.42 feet; thence North 88 degrees 50 minutes 11 seconds East,
337.56 feet; thence South 00 degree 06 minutes 31 seconds East, 20.00 feet along the east line
of said Northwest Quarter; thence South 88 degrees 50 minutes 11 seconds West, 337.20 feet;
thence southwesterly, 127.16 feet along a curve to the left having a radius of 445.00 feet, the
chord of said curve bears South 80 degrees 39 minutes 03 seconds West, 126.72 feet; thence
South 72 degrees 27 minutes 53 seconds West, 95.63 feet to the Point of Beginning.
Said parcel contains 0.274 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 , 2015 , by and between the City of Elgin, an Illinois municipal corporation,
(hereinafter referred to as the"City"),and TIG Properties,LLC,an Illinois limited liability company
(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 14.36 acres in Kane County,Illinois,and having Parcel Index Number 06-20-100-010
(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 0008PE"
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 a temporary construction easement
from the Owner for the purposes of constructing said South Street extension and drainage facilities
over the portion of the Subject Property depicted by the area designated"Parcel 0008TE"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 a temporary construction
easement 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 easement
- 2 -
hereby granted shall be deemed terminated after the thirty-six (36) month period following the
commencement of construction of the South Street extension.
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 -
IN WITNESS WHEREOF, the parties have entered into and executed this
Easement Agreement on the date and year first written above.
CITY OF ELGIN, an Illinois TIG PROPERTIES, LLC, an Illinois limited
Municipal Corporation liability company
By: By: (;)/Z
City Manager
Its:
Attest: Attest:
By 6��� By: 3\)44-tfi:1•141—
City Clerk
Its:
- 5 -
STATE OF ILLINOIS )
) SS.
COUNTY OF K A N E )
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 {cam" day of Mpuj6 1S .
JENT
OFNIFICIFER AQUINL SEALON
1,
' _... L 11
k y Notary Public,State of f hinois Ns . 'u s c
My Commission Expires
January 10,7016
STATE OF L )
) SS.
COUNTY OF Ipo/ )
I,the under 'g ed,a Nota Public,in for said County,in the State aforesaid,do
hereby certify that A ay;o an eiA ft,.( ,and yy ,are personally known to
me to be the same persons who names are subscribed to th'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-, 2rday of Qee , '-0/`/ .
OFFICIAL SEAL p `� g o
COLLEEN THOMA Notary Public
NOTARY PUBLIC-STATE OF ILLINVJ
MY COMMISSION EXPIRES:07117118
- 6 -
EXHIBIT 1
Plat of Highways — South Street Extension, Sheet 1 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, SPRINCIPAL MERIDIAN,
,pSEKANE
pp�COUNTY. ILLINOIS. •
�u oVWEN NRONR TA A OFACAR4 RE4ANaER . EAS g, y ffaiT AcTAMTIY NNMEN LEGEND `
it
�1 2.100 4t NA 16.03 4f NA IN Idll.' SEINEN / 1 \ SECTION
OODIR NBD INLET COIpANY,TRUSTEE VIA DATED 16.03 AIS NA NA NA 0.103 Ac! DRAINAGE ,a�:y COINER
.E1) CORNER
OOOIrz-1 AN.11 1965 TRUST 1552 NA NA NA 0.509 4t WN91RUCnd1 06-20-201-002
SECTION UNE
00011E-2 NA NA NA 0.164 Act CONSTRUCTION - PARTE.SECTION UNE
0006 0.c25 41 NA 1194 4! NA NA ----- QUARTER.CHARIER SECTION ANE
00050E VISTA SECURITIES INC 1436 43 NA NA NA 0.053 4t DRAINAGE 00-20-100-010 - - PRUTE00057E NA NA NA 0.274 ACS CONSTRUCTION PROPERTY
TY(D fFD)
- JCI - APPARENT PROPERTY
UNE
- - - CENTERLINE
- - MINE R1011 WAY LNE
E - - ERSTNG EASEMENT
PROPOSED RIGHT OF WAY UNE
PROPOSED TEMPORARY EASEMENT
-H..---- PROPOSED PERMANENT DRANAGE EASEMENT
N UNE OF TIE S Naar 6 TIC E.11 NW A SEC 20-41-6 39 41. MEASURED DIMENSION
( ) RECORD DATA
j- ERSnNG BUlDNGS
X
bl • MON PIPE OR ROl POUND • NAIL FOUND DR SET
O/1 41055 MAO OR SET 0 5/5'6E040 SET
■ ESESTNOS NOERENCE FRJNO OP SET A454i*TTATIOL SET 5/e NCH
i •12 001 RL TEAS)SEM RHE EA/ONG TO TIE RS REGISTRATION
IDE11RR}i*0
J BY COLORED RUSTIC CAP BEARNL SURVEYORS 6EOSI9ATI01 NIA/SE9.
'0 •911 yD1p[N5[AISTAKE N CULDVA51 D MEAS.RETEIRNLI POND 0R SET
y� ITS 10 y E TAN AI�IMI�DENTIPIE0 BY CC0.0I0NPLA3 W DEEARI f0
X pSiMKm55 R�rEaM�MINpSEAATTDION NUMBER.
. L,yOII
OF EY
SJJA43611RG GREEN b •
• DARRM TOPE 01.91 5 Waif TO aZ,selUDERI ROE"`"9Y An P"iIRGN"
t$1 N0.A W 0515 MD pMKKMS#031 WA M14BER.
IEC,AUG 20.IW1 3 •M STARING 1 00 20 FD INCHES OP WAY N CULTIVATED MEAS 61MIED 5/5
DDE..NG 91NW0530 J LAMER P090TION.IDE IDENTIFIED
BY COLORED FOUND PIAMs�BTBEARINNG SLEET
IEOSTRATION NUMBER.
a 901T OF WAY STRING PROPOSED TO SE SET
9
STATE OF R24*05)
COUNTY OF KANE )5S
0.903156.IHAVE REEVED THE PLAT OF NIL01HW YS AN
HHEREON IN�YCMN M
COUNT 1 THAT DC WHEY IS 11011 AND COMPLERTONVIHR 41 NOM.RANGE a EAST OF THE THIRD� WN AS SHOTO DIE RESTsOF 4Y
NNOMEOGE AND BELCH THAI TIE RAT CORRECTLY REPRESENTS SAID SEVEN THAT
EL MONUMENTS FOUND EC TIE POSITIONS ESTEEMED 910YN HEREONMO 1ATTHE 4WUMENTS OF AREwSUFFICENT TO
AUTY AND OLWPY
ENABLE THE SLEET TO 5E RETRACED.MADE FOR THE OTY OF(LON.STATE OF
ILLINOIS INS PROFESSCNAL CONFERMS TO THE CURRENT 11.111105 MIMUM
STANDARDS FOR BOUNDARY AIRY FOR DRAT PO11011 SHOWN AS PROPOSED
11011-07-WAY.
DATED AT MON.LINOS 1195 OAT OF .20A.D.
L-125.76 LLLN05 P99FES901AL LAND 9URKYDR NO3.102
R-Mp00
CH-NI03203E
LC-12530 PREPARED en
11601,611.1HAMPTON.1EN}NL AND REN•CH INC
121.10 L-13].61 6.90 ELGIN.
9H[PARD 60K
25,91.10 ACCO IT ILLINOIS 612}73101
R-U5 ar R-.6500 6500 LT 26,OD ACCENT NO.3-05-WS}I
W-55-26.72 01-62.42'3E 65.00 Li LINOS P01E9OPAL DESIGN NRM N0.10E006259
LC'126.21 LC-132.42'
22,5152 2010 94110'36t
PROPOSED PERMANENT MENAGE EASEMENT
U PROPOSED TEMPORARY EASEMENT 0 06 056110-1 m W COIITINIULD
22,5103 OR MEET
Nr
}1,392 S" LT
(1[00.) L '1St 33).5` } 3.]}� T
d$ 19,)691 .27...'.--
- - T16A98f,`t-3 = la/nm-E --�ie'�Y:NTE .�6'--------
KM L _�5�E si yy w - - 1°1ss �� ®�-P9010909.o.."I�.40 r.''LI § SOUTH STREET „
�N1iAI� - _j'Ninr 234E0 ..1.-56 3]6x1� 25000 _R:13(.„4,11).4;.:.,..
LrA13 _ 2Y.ao 2Nao 2w��05 31_00
11 __ -222! a1�• 1 535.eY 66b0'11 E -15. STo. - I E
/ _ PT f RRpPOSEO Q 'f.p 3 UPROPOSENE NE SEG x-a-e
UNE NW X SEC}0-.,-6 ' / TOD PC 1 1,30.2} CORK 1 4 _-
Y‘22•
\\\P.0.a000NPE
�E6!. � .0.07 w/ 0 .06 ED I 764040ON000 2
PER WATERFORD SUB
/ P SNA-31,03.16 P.00 MOUE 00*.NO.20006115275
/MA PROPOSED C\ A-N•2120 ROC 00011E-1
VIEW
\ R-40002 0. 0001ODOR
1,2'1.• -III30 paC.000RE ALL BEARINGS ARE BASED ON ILLINOIS
_
T 51'54
N M .AC 00061E STATE PLANE COORDINATE SYSTEM
E-AIY
PC STA-21+39.22
25.09.50 EAST 206E GRD.HAD 53.
PT STA.-2105152
PLAT OF HIGHWAYS
CITY OF ELGIN
SOUTH STREET EXTENSION
CANE COUNTY SECTION
PROECT JOB NO.
STATION 20,00 TO STATION 31.00
SCALE: 1'-SU SHEET I OF 6
ISO DEXTER COURT
REVISED 9/7/12 SNIT PARCEL 0001 INTO 3001•0009 11141. ELGIN.ILLINOIS 60120
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 -
South Street Extension
Parcel: 0008 PE
Owner: MG PROPERTIES, LLC
Station: 20+43.58 to 25+90.63
P.I.N.: 06-20-100-010
That part of the South 660.00 feet of the East Half of the Northwest Quarter 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 South
88 degrees 50 minutes 11 seconds West, 535.82 feet along the south line of the Northwest
Quarter of said Section 20 to the Point of Beginning; thence North 72 degrees 27 minutes
53 seconds East, 78.61 feet; thence northeasterly, 125.73 feet along a curve to the right having
a radius of 440.00 feet, the chord of said curve bears North 80 degrees 39 minutes 03 seconds
East, 125.30 feet; thence North 88 degrees 50 minutes 11 seconds East, 337.10 feet along a
line 40.00 feet northerly of and parallel with the south line of said Northwest Quarter; thence
North 00 degrees 06 minutes 31 seconds West, 5.00 feet along the east line of said Northwest
Quarter; thence South 88 degrees 50 minutes 11 seconds West, 337.20 feet along a line 45.00
feet northerly of and parallel with the south line of said Northwest Quarter; thence
southwesterly, 127.16 feet along a curve to the left having a radius of 445.00 feet, the chord of
said curve bears South 80 degrees 39 minutes 03 seconds West, 126.72 feet; thence South 72
degrees 27 minutes 53 seconds West, 95.63 feet to the south line of said Northwest Quarter;
thence North 88 degrees 50 minutes 11 seconds East, 17.74 feet along said south line to the
Point of Beginning.
Said parcel contains 0.063 acre, more or less.
South Street Extension
Parcel: 0008 TE
Owner: TIG PROPERTIES, LLC
Station: 19+75.51 to 25+91.10
P.I.N.: 06-20-100-010
That part of the South 660.00 feet of the East Half of the Northwest Quarter 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 South
88 degrees 50 minutes 11 seconds West, 553.56 feet along the south line of the Northwest
Quarter of said Section 20 to the Point of Beginning; thence continuing South 88 degrees
50 minutes 11 seconds West, 70.96 feet along said south line; thence North 72 degrees
27 minutes 53 seconds East, 163.71 feet; thence northeasterly, 132.87 feet along a curve to
the right having a radius of 465.00 feet, the chord of said curve bears North 80 degrees
39 minutes 03 seconds East, 132.42 feet; thence North 88 degrees 50 minutes 11 seconds East,
337.56 feet; thence South 00 degree 06 minutes 31 seconds East, 20.00 feet along the east line
of said Northwest Quarter; thence South 88 degrees 50 minutes 11 seconds West, 337.20 feet;
thence southwesterly, 127.16 feet along a curve to the left having a radius of 445.00 feet, the
chord of said curve bears South 80 degrees 39 minutes 03 seconds West, 126.72 feet; thence
South 72 degrees 27 minutes 53 seconds West, 95.63 feet to the Point of Beginning.
Said parcel contains 0.274 acre, more or less.
•
* .
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)