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Ordinance 2024-19 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2024-19 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS AUTHORIZING THE ACQUISITION OF CERTAIN EASEMENTS FOR THE CONSTRUCTION OF WATER MAINS Passed by the City Council of the United City of Yorkville, Kendall County, Illinois This 14th day of May, 2024 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois on May 21,2024. Ordinance No.2024-19 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS AUTHORIZING THE ACQUISITION OF CERTAIN EASEMENTS FOR THE CONSTRUCTION OF WATER MAINS WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a duly organized and validly existing non-home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, Yorkville Nexus, LLC, an Illinois limited liability company ("Yorkville Nexus"), submitted a proposal to the City to develop approximately two hundred seventy-nine (279) acres at the northeast corner of Eldamain and Faxon Road (the "Development Site"); and WHEREAS, Yorkville Nexus, as a part of its proposal to the City, requested the City to extend water services to the Development Site and further agreed to be responsible for all costs incurred by the City for the engineering design fees, acquisition of required temporary and permanent easements, and the cost of construction related to water service extended to the Development Site, and all permit fees for its construction(the"Project"); and WHEREAS,the City has proceeded to negotiate the acquisition of the easements required to construct the Project from each of the property owners along Corneils Road and is prepared to authorize the acceptance of and payments due for the conveyance of temporary construction easements and permanent easements (collectively, the "Easements") as hereinafter provided. NOW,THEREFORE,BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1.All of the Preambles hereinabove set forth are incorporated herein as if restated. Section 2. The following Easements, as attached hereto, are hereby accepted: Ordinance No.2024-19 Page 2 1. Permanent Easement dated February 13, 2024, from Classic Investment, LLC, an Illinois limited liability company,as Grantor,said easement being located within Parcel Nos. 02-17-100-011 and 02-17-100-012. 2. Temporary Construction Easement dated February 13, 2024, from Classic Investment, LLC, an Illinois limited liability company, as Grantor, said easement being located within Parcel Nos. 02-17-100-011 and 02-17-100-012. 3. Permanent Easement dated April 30, 2024, from Dolores Cruise Trustee under the Wayne Cruise Living Trust dated February 16, 2000, as to an Undivided%2 interest and Dolores Cruise Trustee under the Dolores Cruise Living Trust dated February 16, 2000 as to an undivided 1/2 interest, collectively, as Grantor, said easement being located within Parcel No. 02-19-200-005. 4. Temporary Construction Easement dated April 30, 2024, from Dolores Cruise Trustee under the Wayne Cruise Living Trust dated February 16, 2000, as to an Undivided %2 interest and Dolores Cruise Trustee under the Dolores Cruise Living Trust dated February 16,2000 as to an undivided %2 interest, collectively,as Grantor,said easement being located within Parcel No. 02-19-200-005. Section 3. The City Council hereby authorizes payment in an amount not to exceed a total of Nine Thousand Five Hundred Dollars ($9,500.00) for the Easements hereinabove itemized. Section 4. This Ordinance shall be in full force and effect after its passage, publication, and approval as provided by law. Ordinance No.2024-19 Page 3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 14th day of May, A.D. 2024. Y CLERK KEN KOCH AYE DAN TRANSIER AYE ARDEN JOE PLOCHER AYE CRAIG SOLING AYE CHRIS FUNKHOUSER AYE MATT MAREK AYE SEAVER TARULIS AYE RUSTY CORNEILS AYE APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this l day of Mal , A.D. 2024. MAYOR Attest: C Y LERK Ordinance No.2024-19 Page 4 202400003518 DEBBIE GILLETTE Owner Classic Investments, LLC RECORDER-KENDALL COUNTY, IL Address Corneits Road RECORDED:04/03/2024 02:52 PM Yorkville, Illinois 60560 RECORDING FEE 57.00 County Kendall PAGES:4 PI N. Nos. 02-17-100-011 & 02-17-100-012 PERMANENT EASEMENT Classic Investments, LLC, an Illinois limited liability company (the Grantor"), for and in consideration of One Dollar ($1), receipt of which is hereby acknowledged, represents that the Grantor owns the fee simple title to and hereby grants and conveys to the United City of Yorkville, Kendall County, Illinois, its successor and assignees (Grantee), a permanent easement for the purpose of construction and maintenance of a water main and appurtenances thereto, on, over, and through the real estate legally described on Exhibit A attached hereto. Along with the right of access from Corneils Road thereto (the"Premises"). Grantor shall have and retain all rights to use and occupy the Premises and access to Grantor's remaining property, except as herein expressly granted; provided, however, that Grantor's use and occupation of the Premises may not interfere with Grantee's use of the premises for the purposes herein described. Grantor, without limiting the interest above granted and conveyed, acknowledges that upon payment of the agreed consideration, all claims arising out of the above acquisition have been settled, including without limitation, any diminution in value to any remaining property of the Grantor caused by the opening, improving and using the premises for the water main. This acknowledgement does not waive any claim for trespass or negligence against the Grantee or Grantee's agents which may cause damage to the Grantor's remaining property. This grant shall constitute a covenant, which runs with the land, and shall be binding upon the legal representatives, successors and assigns of Grantor. Zoty Dated this f 3 77/ day of rosaulto7 By: J Signature Printed Name By: Signature Printed Name State of Illinois )ss County of Kendall I, jai di! it 41 , Notary Public in and for the County and State aforesaid, do hereby certify that Fa.iPc � , personally known to me to be the same person(s) whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed, sealed and delivered the said instrument as his free and voluntary act for the uses and purposes therein set forth. ZD? Given under my hand oft ial seal, this (3/1day of F&iM f , 28�-3.� • yt�ary Public ./ "OFFICIAL SEAL" JOSEPH R RAMOS NOTARY PUBLIC,STATE OF ILLINOIS MY COMMISSION EXPIRES 8/25/2025 State of Illinois )ss County of Kendall I, , a Notary Public in and for the County and State aforesaid, do hereby certify that , personally known to me to be the same person(s) whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed, sealed and delivered the said instrument as his free and voluntary act for the uses and purposes therein set forth. Given under my hand and official seat, this day of , 2023. Notary Public This instrument was prepared by: After recording, return to: Kathleen Field Orr United City of Yorkville 2024 Hickory Road, Suite 205 651 Prairie Pointe Homewood, Illinois 60430 Yorkville, Illinois 60560 EXHIBIT A PARCEL A(20' UTILITY EASEMENT) THAT PART OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 17; THENCE SOUTH 01 DEGREES 03 MINUTES 20 SECONDS EAST. ALONG THE EAST LINE OF SAID NORTHWEST QUARTER,25.57 FEET FOR THE POINT OF BEGINNING.THENCE CONTINUING ALONG SAID EAST LINE, 20.01 FEET; THENCE SOUTH 87 DEGREES 31 MINUTES 57 SECONDS WEST, 11.81 FEET; SOUTH 42 DEGREES 31 MINUTES 57 SECONDS WEST, 20.42 FEET; THENCE SOUTH 87 DEGREES 31 MINUTES 57 SECONDS WEST, 604.32 FEET TO THE WEST LINE OF A PARCEL DESCRIBED IN DOCUMENT 201600011431, THENCE NORTH 00 DEGREES 51 MINUTES 10 SECONDS WEST, ALONG SAID WEST LINE,20,01 FEET; THENCE NORTH 87 DEGREES 31 MINUTES 57 SECONDS EAST. 595.47 FEET: THENCE NORTH 42 DEGREES 31 MINUTES 57 SECONDS EAST, 20.42 FEET; THENCE NORTH 87 DEGREES 31 MINUTES 57 SECONDS EAST, 20.59 FEET TO THE POINT OF BEGINNING, ALL IN KENDALL COUNTY, ILLINOIS < '\ ■ 6 S / , ag - k #f @ a O§ i t.21 ( q/ �0Z � So © �k GO . g sz .i' p' #§ /)� ---�--- Gg f k� ` 2-, l `c a o } k (1-"" �$ w *} §k2 ƒ\ I 04, 04® q . ¥ I �� - ICC f `j - ' /} 5 E� ----,-- 904Viffi 0 ƒ 6 0 L. 8 ro5a" ` 0 - 1 ()}\ }j)} \\ \ \ 8 InIn w�r• !# \ \ #§ t A k ° k) _ ° e 4. co I I I § 0 a. 0 § ° & 2 \ j $ / ( 2e (Ivit a_ § % i o§ f e 9 w co )a coc4 , I I , - ® 2 m < 7 j � \ �\ . j 41,11%, } } } b .c 2 )ƒ . — f§ Sf J �� " � ` ) §0\ƒ ( ge c 0/ -0 2 $ 7T$ o $ ! _ _±_± _� — 22 Bk $ ƒ °° ° W GS]G » // ■ b ' ° b § B[A .1 ° dr d0 R§ - ~80 5 4 \zz z 202400003519 DEBBIE GILLETTE Owner Classic Investments, LLC RECORDER-KENDALL COUNTY, IL Address Cornelis Road RECORDED:04/03/2024 02:52 PM Yorkville, Illinois 60560 RECORDING FEE 57.00 County Kendall PAGES:4 P.I.N. Nos. 02-17-100-011 Et 02-17-100-012 TEMPORARY CONSTRUCTION EASEMENT Classic Investments, LLC, an Illinois limited liability company (the "Grantor"), for and in consideration of One Dollar ($1), receipt of which is hereby acknowledged, hereby represents that Grantor owns the fee simple title to and grants and conveys to the United City of Yorkville, Kendall County, Illinois, its successors and assignees (Grantee), a temporary construction easement for the purpose of construction of a watermain and all appurtenances thereto, on, over, and through the real estate legally described on Exhibit A attached hereto(the"Premises"). The right, easement and privilege granted herein shall terminate 5 years from the execution of this document, or on the completion of the proposed project, whichever is the first to occur. Grantor shall have and retain all rights to use and occupy the Premises and access to Grantor's remaining property, except as herein expressly granted; provided, however, that Grantor's use and occupation of the premises may not interfere with Grantee's use of the Premises for the purposes herein described. Grantor, without limiting the interest above granted and conveyed, acknowledges that upon payment of the agreed consideration, all claims arising out of the above acquisition have been settled, including without limitation, any diminution in value to any remaining property of the Grantor caused by the opening, improving and using the premises for the watermain. This acknowledgement does not waive any claim for trespass or negligence against the Grantee or Grantee's agents which may cause damage to the Grantor's remaining property. This grant shall constitute a covenant, which runs with the land, and shall be binding upon the legal representatives, successors and assigns of Grantor. 742 y Dated this 1; 'T day of F& /k By: Si ature Cr/IC C " � ( c Printed Name By: Signature Printed Name State of Illinois ) )ss County of Kendall ) I, J Ef /`' / a/"��a N tary Public in and for the County and State aforesaid, do hereby certify that /C�/P (4Ni personally known to me to be the same person(s) whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed, sealed and delivered the said instrument as his free and voluntary act for the uses and purposes therein set forth. 20 2 y Given under m nd n ffi ' I seal, this t' 4iay of ceBRU1,,, 28 r N ry Public "O JOSEPH R RAMOS ,1 M YCO MISSI N STATE E 81F 2 12025 State of Illinois ) )ss County of Kendall ) 1, , a Notary Public in and for the County and State aforesaid, do hereby certify that , personally known to me to be the same person(s) whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed, sealed and delivered the said instrument as his free and voluntary act for the uses and purposes therein set forth. Given under my hand and official seal, this day of , 2023. Notary Public This instrument was prepared by. After recording, return to: Kathleen Field Orr United City of Yorkville 2024 Hickory Road, Suite 205 651 Prairie Pointe Homewood, Illinois 60430 Yorkville, Illinois 60560 EXHIBIT A PARCEL B(TEMPORARY CONSTRUCTION EASEMENT) THAT PART OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 17; THENCE SOUTH 01 DEGREES 03 MINUTES 20 SECONDS EAST,ALONG THE EAST LINE OF SAID NORTHWEST QUARTER,90.03 FEET; THENCE SOUTH 87 DEGREES 31 MINUTES 57 SECONDS WEST,630.32 FEET TO THE WEST LINE OF A PARCEL DESCRIBED IN DOCUMENT 201600011431;THENCE NORTH 00 DEGREES 51 MINUTES 10 SECONDS WEST,ALONG SAID WEST LINE, 90.04 FEET TO THE NORTH LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 87 DEGREES 31 MINUTES 57 SECONDS EAST,630.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PART OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 17;THENCE SOUTH 01 DEGREES 03 MINUTES 20 SECONDS EAST,ALONG THE EAST LINE OF SAID NORTHWEST QUARTER,25.57 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EAST LINE, 20.01 FEET; THENCE SOUTH 87 DEGREES 31 MINUTES 57 SECONDS WEST, 11.81 FEET; SOUTH 42 DEGREES 31 MINUTES 57 SECONDS WEST, 20.42 FEET; THENCE SOUTH 87 DEGREES 31 MINUTES 57 SECONDS WEST, 604.32 FEET TO THE WEST LINE OF A PARCEL DESCRIBED IN DOCUMENT 201600011431;THENCE NORTH 00 DEGREES 51 MINUTES 10 SECONDS WEST,ALONG SAID WEST LINE, 20.01 FEET; THENCE NORTH 87 DEGREES 31 MINUTES 57 SECONDS EAST, 595.47 FEET;THENCE NORTH 42 DEGREES 31 MINUTES 57 SECONDS EAST,20.42 FEET;THENCE NORTH 87 DEGREES 31 MINUTES 57 SECONDS EAST, 20.59 FEET TO THE POINT OF BEGINNING,ALL IN KENDALL COUNTY, ILLINOIS. I— I < W 0 w ;r U O W s I m 1 m U of LL. J p a ..1.1' L� 1 01 in m 1 u a .o,.��y.R� .5 I a i in I 3.0Z.fo,t0S '`5�S PI ! © ILS'SZ .�0'OZ .S4'44 Zo M in 0 M Nl\ \ a-, LJ i...ci 3 O�U Z (x) m N VI N In n W v.- n vt a n a0 ,•S N(i NN N �_ U, QI S 0 M N c4I VI �_S '�'c� N VI ��, �s z n....1\ Ny �i 1Z 1 ;y gireliti 7.- ,. -____-- 149 a� 3 6 H N I---- EWg 1 W4gzI co P"4 i 40.00' 30,00 J 'Wg NNW I UmU W�WV 0.. C I6J< a O.a a Cr 2 U d N O pc) i.' ? \\ h W W N h F� O!n 1� h I'h • 17 in N n h n$ Ana a ,;5 ri:n nm x r4i"a p is ai o on -w � (~00n an0 tc t.cla in � � to n <m wZ Z chi c r O.11 1 W Z WW N 41 V1 < a W W O o 11 % 5 ji a = Sz vri 2 D. Z==• Mp 0 to I c O< N 1 m < m W^ C W 41 W O~ U U U Ij'- N v '� Q Q Q �§ N N U Bpi a a a — ao cox N3 z Algi Z W y a, Q C iz p W v.. Y >O Z SF...m O t0 K J N(�IO W _1_1___L2 — C y 'S ,t__ cZ rno W r3 �x ii3 W UuNi('n� o N o O o N.^ 5 r O a0 N O n 8 0 s i5 Z Z Z a O U 202400005589 Owner DEBBIE GILLETTE Address Corneils Road RECORDER- KENDALL COUNTY, IL Yorkville, Illinois 60560 RECORDED: 05/21/2024 11:29 AM County Kendall RECORDING FEE 57.00 P.I.N. Nos. 02-19-200-005 PAGES: 6 PERMANENT EASEMENT Wimpraeraistrecur Dolores Cruise Trusteescunder the Wayne Cruise Living Trust dated February 16, 2000, as to an Undivided 1/2 interest Dolores CruisexadiVapiELCbtilleit Trustees under the Dolores Cruise Living Trust dated February 16, 2000 as to an undivided 1/2 interest (collectively, the "Grantor"), for and in consideration of One Dollar ($1), receipt of which is hereby acknowledged, represents that Grantor owns the fee simple title to and hereby grants and conveys to the United City of Yorkville, Kendall County, Illinois, its successor and assignees (Grantee), a permanent easement for the purpose of construction and maintenance of a water main and all appurtenances thereto, on, over, and through the real estate legally described on Exhibit A attached hereto. Along with the right of access from Faxon Road thereto. Grantor shall have and retain all rights to use and occupy the Premises and access to Grantor's remaining property, except as herein expressly granted; provided, however, that Grantor's use and occupation of the Premises may not interfere with Grantee's use of the premises for the purposes herein described. Grantor, without limiting the interest above granted and conveyed, acknowledges that upon payment of the agreed consideration, all claims arising out of the above acquisition have been settled, including without limitation, any diminution in value to any remaining property of the Grantor caused by the opening, improving and using the premises for the watermain. This acknowledgement does not waive any claim for trespass or negligence against the Grantee or Grantee's agents which may cause damage to the Grantor's remaining property. This grant shall constitute a covenant, which runs with the land, and shall be binding upon the legal representatives, successors and assigns of Grantor. Dated this 30th day of April ,222& 2024 . This grant shall constitute a covenant, which runs with the land, and shall be binding upon the legal representatives, successors and assigns of Grantor. Dated this 30th day of April ,16321 2024 . By: j6-11-44-441> Signature Dolores Cruise Printed Name By: Signature Dolores Cruise Printed Name State of Illinois ) )ss County of Kendall ) I, Thomas W. Grant , a Notary Public in and for the County and State aforesaid, do hereby certify that Dolores Cruise, personally known to me to be the same person(s) whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed, sealed and delivered the said instrument as his free and voluntary act for the uses and purposes therein set forth. Give . a= .' . ficial seal, this 30 day of April ,x10311. 2024 . "OFFICIAL SEAL" .fir 1C THOMAS W GRANT NOTARY am, TATE OF(LLINO1S _ POR INFORMATI.NAL PURPOSES : Wayne Cruise is dece S; togi�sic ftift15/26/2027 Cruise is th Successor Trustee of the Wayne Cruis Dated February 16, 2000 . State of Illinois ) "OFFICIAL SEAL ss THOMAS W GRANT County of Kendall ) NOTARY PUBLIC,STATE OF ILLINOIS My Commission Expires 05/26/2027 I, , a Notary Public in and for the County and State aforesaid, do hereby certify that , personally known to me to be the same person(s) whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed, sealed and delivered the said instrument as his free and voluntary act for the uses and purposes therein set forth. Given under my hand and official seal, this day of , 2023. Notary Public This instrument was prepared by. After recording, return to: Kathleen Field Orr United City of Yorkville 2024 Hickory Road, Suite 205 651 Prairie Pointe Homewood, Illinois 60430 Yorkville, Illinois 60560 EXHIBIT A PARCEL A (20' UTILITY EASEMENT) THAT PART OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF KYLYN'S RIDGE UNIT 2, RECORDED JANUARY 14, 2004 AS DOCUMENT NUMBER 200400001048; THENCE NORTH 79 DEGREES 45 MINUTES 05 SECONDS WEST, ALONG THE CENTERLINE OF FAXON ROAD AS DESCRIBED IN DOCUMENT 200400016523, A DISTANCE OF 388.33 FEET TO THE EASTERLY LINE OF A PARCEL DESCRIBED IN DOCUMENT NUMBER 200400016523; THENCE SOUTH 47 DEGREES 37 MINUTES 23 SECONDS WEST, ALONG SAID EASTERLY LINE, 38.94 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 47 DEGREES 37 MINUTES 23 SECONDS WEST, ALONG SAID EASTERLY LINE, 25.50 FEET; THENCE NORTH 80 DEGREES 43 MINUTES 05 SECONDS WEST, 46.23 FEET; THENCE NORTH 36 DEGREES 37 MINUTES 33 SECONDS WEST, 10.46 FEET; THENCE NORTH 77 DEGREES 15 MINUTES 14 SECONDS WEST, 157.13 FEET; THENCE NORTH 32 DEGREES 15 MINUTES 14 SECONDS WEST, 17.01 FEET; THENCE NORTH 76 DEGREES 51 MINUTES 06 SECONDS WEST, 607.33 FEET; THENCE NORTH 01 DEGREES 10 MINUTES 48 SECONDS WEST, 27.65 FEET TO SAID CENTERLINE OF FAXON ROAD; THENCE SOUTH 75 DEGREES 28 MINUTES 22 SECONDS EAST, ALONG SAID CENTERLINE, 20.78 FEET; THENCE SOUTH 01 DEGREES 10 MINUTES 48 SECONDS EAST, 6.49 FEET; THENCE SOUTH 76 DEGREES 51 MINUTES 06 SECONDS EAST, 599.99 FEET; THENCE SOUTH 32 DEGREES 15 MINUTES 14 SECONDS EAST, 16.93 FEET; THENCE SOUTH 77 DEGREES 15 MINUTES 14 SECONDS EAST, 156.25 FEET; THENCE SOUTH 36 DEGREES 37 MINUTES 33 SECONDS EAST, 9.77 FEET; THENCE SOUTH 80 DEGREES 43 MINUTES 05 SECONDS EAST, 53.95 FEET TO THE POINT OF BEGINNING, ALL IN KENDALL COUNTY, ILLINOIS. 0 0 Z „ 0 / O O / N 0 0 1 4* ti V 0 CO CT 0 NI ODV N 0 s / -N rr, ,p NO / cLii* 4z rno =N 5. � m 0)0 m I- �D I A m 0 to _I cp / i. i cci o m Z o �0 3rri /i- =nz m / / I1/II / / /K. co m •• rn m -, / / / // ' NO NUVi cp.O 7'a I J I I 01 o ao / I/ Ce. ocni rill' 0ll to / ZZZZ NIrn1 I! m 3 =/ NJOO)1. p fO •gI0 Cf N N J W 0/G/ /I / -'sw0 I -l`OIi / / yD ** 1 / 1 �n / 1,2 mm � �orn I0IeII �^� m D w CA lPt am/ I I 02 I N I I1 ni / 0, cil 2 \ -40 / / MN p o \ o N / / //v. 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I—CZT I E II0 0-O r xi Z 64196 O r 641.64 _-"1___ --,4-----I I' g4 'r 641.74 —_-'I'.___- i$. .A jI j , . 641.97 I 2 0 ITco NA m w' i i ow g 6a2.46 _'',• O �m c 8 yZ .4 r 642.96 I _ c --1411 5 1 0- 1 c 5 u 6a3.63 v C 8 8 3 a t643.96 m IN PI 1 13 >_ a1 Z 6N.06 0 18- II 6.31 NI — — W m S MATCNLINE STA 2,20�00(SEE SNEET 11) + zmo x o U 0z= O0z D-nD v _ + m 1 FT II 0 1-. gi !-.4 A-i gt! R> ®, :: rl* f N o i ;4 > O 0_�g A~A g z Ww . ^ < 3£? o W ti ?i O 0 O o 202400005590 DEBBIE GILLETTE Owner RECORDER-KENDALL COUNTY, IL Address Faxon Road RECORDED: 05/21/2024 11:29 AM Yorkville, Illinois 60560 RECORDING FEE 57.00 County Kendall PAGES:7 P.I.N. Nos. 02-19-200-005 TEMPORARY CONSTRUCTION EASEMENT wayprouvutifemir Dolores Cruise Trustees under the Wayne Cruise Living Trust dated February 16, 2000, as to an Undivided 1/2 interest Dolores CruisexatiNeyisefaSte Trustees under the Dolores Cruise Living Trust dated February 16, 2000 as to an undivided 1/2 interest (collectively, the"Grantor"), for and in consideration of One Dollar($1), receipt of which is hereby acknowledged, hereby represents that Grantor owns the fee simple title to and grants and conveys to the United City of Yorkville, Kendall County, Illinois, its successors and assignees (Grantee), a temporary construction easement for the purpose of construction of a watermain and appurtenances thereto, on, over, and through the real estate legally described on Exhibit A attached hereto. The right, easement, and privilege granted herein shall terminate 5 years from the execution of this document, or on the completion of the proposed project, whichever is the sooner. Grantor shall have and retain all rights to use and occupy the Premises and access to Grantor's remaining property, except as herein expressly granted; provided, however, that Grantor's use and occupation of the premises may not interfere with Grantee's use of the Premises for the purposes herein described. Grantor, without limiting the interest above granted and conveyed, acknowledges that upon payment of the agreed consideration, all claims arising out of the above acquisition have been settled, including without limitation, any diminution in value to any remaining property of the Grantor caused by the opening, improving and using the premises for the watermain. This acknowledgement does not waive any claim for trespass or negligence against the Grantee or Grantee's agents which may cause damage to the Grantor's remaining property. This grant shall constitute a covenant, which runs with the land, and shall be binding upon the legal representatives, successors and assigns of Grantor. Dated this 30th day of April 2024 . By: Signature Dolores Cruise Printed Name By: 9'4 4 (L. ) Signature Dolores Cruise Printed Name State of Illinois ) )ss County of Kendall ) I, Thomas W. Grant , a Notary Public in and for the County and State aforesaid, do hereby certify that Dolores Cruise , personally known to me to be the same person(s) whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed, sealed and delivered the said instrument as his free and voluntary act for the purposes therein set forth. Given u r an 'vial seal, this 30 day of April , 2 . 2024 . "OFFICIAL SEAL" t lir,, THOMAS W GRANT FOR _piFORMAT' AL PURPOSES : Wa =oT agI�c, t-rE • I.•t y` • - .r and Dolores Cruise is the Successor Trustee • ' Charms •n xtire •ving Trust Dated February 16, 2000 . State of Illinois ) "OFFICIAL SEAL" THOMAS W GRANT ss NOTARY PUBLIC,STATE OF ILLINOIS County of Kendall ) My Commission Expires 0512612027 I, , a Notary Public in and for the County and State aforesaid, do hereby certify that , personally known to me to be the same person(s) whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed, sealed and delivered the said instrument as his free and voluntary act for the uses and purposes therein set forth. Given under my hand and official seal, this day of , 2023. Notary Public This instrument was prepared by. After recording, return to: Kathleen Field Orr United City of Yorkville 2024 Hickory Road, Suite 205 651 Prairie Pointe Homewood, Illinois 60430 Yorkville, Illinois 60560 EXHIBIT A PARCEL B (TEMPORARY CONSTRUCTION EASEMENT) THAT PART OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF KYLYN'S RIDGE UNIT 2, RECORDED JANUARY 14, 2004 AS DOCUMENT NUMBER 200400001048; THENCE NORTH 79 DEGREES 45 MINUTES 05 SECONDS WEST, ALONG THE CENTERLINE OF FAXON ROAD AS DESCRIBED IN DOCUMENT 200400016523, A DISTANCE OF 388.33 FEET TO THE EASTERLY LINE OF A PARCEL DESCRIBED IN DOCUMENT NUMBER 200400016523 FOR THE POINT OF BEGINNING; THENCE SOUTH 47 DEGREES 37 MINUTES 23 SECONDS WEST, ALONG SAID EASTERLY LINE, 103.69 FEET; THENCE NORTH 80 DEGREES 42 MINUTES 50 SECONDS WEST, 102.17 FEET; THENCE NORTH 12 DEGREES 44 MINUTES 46 SECONDS EAST, 22.39 FEET; THENCE NORTH 77 DEGREES 15 MINUTES 14 SECONDS WEST, 95.07 FEET; THENCE NORTH 32 DEGREES 15 MINUTES 14 SECONDS WEST, 17.10 FEET; THENCE NORTH 76 DEGREES 51 MINUTES 06 SECONDS WEST, 624.98 FEET; THENCE NORTH 01 DEGREES 10 MINUTES 48 SECONDS WEST, 49.07 FEET TO SAID CENTERLINE OF FAXON ROAD; THENCE SOUTH 75 DEGREES 28 MINUTES 22 SECONDS EAST, ALONG SAID CENTERLINE, 90.51 FEET; THENCE SOUTH 77 DEGREES 07 MINUTES 36 SECONDS EAST, ALONG SAID CENTERLINE, 630.71 FEET; THENCE SOUTH 80 DEGREES 02 MINUTES 32 SECONDS EAST, ALONG SAID CENTERLINE, 184.24 FEET TO THE POINT OF BEGINNING, ALL IN KENDALL COUNTY, ILLINOIS. EXCEPTING THEREFROM THAT PART OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHWEST CORNER OF KYLYN'S RIDGE UNIT 2, RECORDED JANUARY 14, 2004 AS DOCUMENT NUMBER 200400001048; THENCE NORTH 79 DEGREES 45 MINUTES 05 SECONDS WEST, ALONG THE CENTERLINE OF FAXON ROAD AS DESCRIBED IN DOCUMENT 200400016523, A DISTANCE OF 388.33 FEET TO THE EASTERLY LINE OF A PARCEL DESCRIBED IN DOCUMENT NUMBER 200400016523; THENCE SOUTH 47 DEGREES 37 MINUTES 23 SECONDS WEST, ALONG SAID EASTERLY LINE, 38.94 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 47 DEGREES 37 MINUTES 23 SECONDS WEST, ALONG SAID EASTERLY LINE, 25.50 FEET; THENCE NORTH 80 DEGREES 43 MINUTES 05 SECONDS WEST, 46.23 FEET; THENCE NORTH 36 DEGREES 37 MINUTES 33 SECONDS WEST, 10.46 FEET; THENCE NORTH 77 DEGREES 15 MINUTES 14 SECONDS WEST, 157.13 FEET; THENCE NORTH 32 DEGREES 15 MINUTES 14 SECONDS WEST, 17.01 FEET; THENCE NORTH 76 DEGREES 51 MINUTES 06 SECONDS WEST, 607.33 FEET; THENCE NORTH 01 DEGREES 10 MINUTES 48 SECONDS WEST, 27.65 FEET TO SAID CENTERLINE OF FAXON ROAD; THENCE SOUTH 75 DEGREES 28 MINUTES 22 SECONDS EAST, ALONG SAID CENTERLINE, 20.78 FEET; THENCE SOUTH 01 DEGREES 10 MINUTES 48 SECONDS EAST, 6.49 FEET; THENCE SOUTH 76 DEGREES 51 MINUTES 06 SECONDS EAST, 599.99 FEET; THENCE SOUTH 32 DEGREES 15 MINUTES 14 SECONDS EAST, 16.93 FEET; THENCE SOUTH 77 DEGREES 15 MINUTES 14 SECONDS EAST, 156.25 FEET; THENCE SOUTH 36 DEGREES 37 MINUTES 33 SECONDS EAST, 9.77 FEET; THENCE SOUTH 80 DEGREES 43 MINUTES 05 SECONDS EAST, 53.95 FEET TO THE POINT OF BEGINNING, ALL IN KENDALL COUNTY, ILLINOIS. f Z o rn N J V x0 > J rOU . coo in a wi •4 olt CD QQ s0 ti 2m i) m �\-_4 7 - -=-I : f 7 . e. ! 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