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Ordinance 2024-29 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2024-29 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 11`i'day of June, 2024 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville, Kendall County,Illinois on July 8, 2024. Ordinance No. 2024-29 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. 2024-29 Page 2 1. Permanent Easement dated June 4, 2024, from John A. Meyer, Trustee of the John A. Mayer Trust, as Grantor, said easement being located within Parcel Nos. 02-18-200- 004, 02-17-100-004 and 02-17-100-010. 2. Temporary Construction Easement dated June 4, 2024, from John A. Meyer, Trustee of the John A. Mayer Trust, as Grantor, said easement being located within Parcel Nos. 02-18-200-004, 02-17-100-004 and 02-17-100-010. Section 3. The City Council hereby authorizes payment in an amount not to exceed a total of Forty-One Thousand,Two Hundred Twenty-One Dollars and Twenty-Eight Cents($41,221.28) 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. [Remainder ofpage intentionally left blank; roll call vote to follow] Ordinance No. 2024-29 Page 3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 1 lth day of June, A.D. 2024. *CITCLERK 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 !%''day of TU A.D. 2024. ` MAYOR Attest: AA OT CLERK Ordinance No. 2024-29 Page 4 202400007370 DEBBIE GILLETTE RECORDER- KENDALL COUNTY, IL RECORDED: 06/28/2024 02:14 PMOwnerJohnA. Meyer,Trustee RECORDINGA. Meyer Trust ECORDING FEE 57.00 Address Cornelis Road PAGES:4 Yorkville, Illinois 60560 County Kendall P.I.N. Nos. 02-18-200-004, 02-17-100-004 &02-17-100-010 PERMANENT EASEMENT John A. Meyer, Trustee of the John A. Meyer Trust (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 (the"Premises"),along with the right of access from Corneils 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 day of 202". By: Signs e Printed Name 8y: gn re 1-n-L 4 AlesPrintedName State of lawns— ) cbcGy ss County of rcenlall- ) I, 1 k sz , a Notary Public in and for the County and State aforesaid, do hereby certify that 3Qir,r' A µe.II tc,personally known to me to be the same person(s) whose name is subscribed to the foregofng.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. hGivenundermyhandandofficialseat, this T day of vne_ 2021. Vri& Ldt 4a°-(f)NotaryPu NANCY REYES Notary Public-Seal Lake County-State of Indiana Commission Number NP0743885 4 My Commission Expires Sep 25. 2030 State of Illinois ss County of Kendall ) 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 NORTHWEST QUARTER OF SECTION 17 AND THE NORTHEAST QUARTER OF SECTION 18,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 87 DEGREES 31 MINUTES 54 SECONDS WEST, ALONG THE NORTH UNE OF SAID SECTION 17, 630.00 FEET TO THE EAST LINE OF A PARCEL DESCRIBED IN DOCUMENT 201300015487; THENCE SOUTH 00 DEGREES 51 MINUTES 10 SECONDS EAST,ALONG SAID EAST LINE, 40.00 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTHERLY ALONG SAID EAST LINE, 20.00 FEET; THENCE SOUTH 87 DEGREES 31 MINUTES 57 SECONDS WEST, 241.80 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY 221.69 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 328.00 FEET, CHORD BEARING SOUTH 68 DEGREES 10 MINUTES 10 SECONDS WEST, AND CHORD LENGTH OF 217.50 FEET TO A POINT OF TANGENCY; THENCE SOUTH 48 DEGREES 48 MINUTES 23 SECONDS WEST, 200.37 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY 235.20 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 300.00 FEET, CHORD BEARING SOUTH 71 DEGREES 15 MINUTES 59 SECONDS WEST, AND CHORD LENGTH OF 229.22 FEET TO A POINT OF TANGENCY; THENCE NORTH 86 DEGREES 16 MINUTES 25 SECONDS WEST, 2265.58 FEET; THENCE NORTH 02 DEGREES 14 MINUTES 50 SECONDS EAST, 60.02 FEET TO THE CENTERLINE OF CORNEILS ROAD AS DESCRIBED IN DOCUMENT 201300015487; THENCE SOUTH 86 DEGREES 16 MINUTES 25 SECONDS EAST,ALONG SAID CENTERLINE, 20.01 FEET; THENCE SOUTH 02 DEGREES 14 MINUETS 50 SECONDS WEST, 40.01 FEET; THENCE SOUTH 86 DEGREES 16 MINUTES 25 SECONDS EAST, 2246.09 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY 219.52 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 280.00 FEET, CHORD BEARING NORTH 71 DEGREES 15 MINUTES 59 SECONDS EAST,AND CHORD LENGTH OF 213.94 FEET TO A POINT OF TANGENCY; THENCE NORTH 48 DEGREES 48 MINUTES 23 SECONDS EAST, 220.37 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY 235.21 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 348.00 FEET, CHORD BEARING NORTH 68 DEGREES 10 MINUTES 10 SECONDS EAST,AND CHORD LENGTH OF 230.76 FEET TO A POINT OF TANGENCY; THENCE NORTH 87 DEGREES 31 MINUTES 57 SECONDS EAST, 242.37 FEET TO THE POINT OF BEGINNING ,ALL IN KENDALL COUNTY, ILLINOIS. 4 ,, 1'..,>: 7 1 I 3 , r., m,., i• i o e * i Z: r-l.., fa, 41.-11.1 1t- .1,L,. 14_ i 1 I 1 t I . . 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Ll t)xi,co o,=. rr=6 - „ i 4 I I ' 3 4-?..- '` sq-44,cc..s., f 4•=F—:,):-.i=,.i '=-'.' '— • 1 1 1 1 1 202400007369 DEBBIE GILLETTE RECORDER- KENDALL COUNTY, IL RECORDED: 06/28/2024 02:14 PM Owner John A. Meyer, Trustee RECORDING FEE 57.00 John A. Meyer Trust PAGES: 5 Address Cornelis Road Yorkville, Illinois 60560 County Kendall P.I.N. Nos. 02-18-200-004, 02-17-100-004 &02-17-100-010 TEMPORARY CONSTRUCTION EASEMENT John A. Meyer, Trustee of the John A. Meyer Trust (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 all appurtenances thereto, on,over, and through the real estate legally described on Exhibit A(the "Premises")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 occurs first. 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. ft„ t Dated this ' day of J `4 202/ By. Sign re 4 . Printed Name By: gna e Printed Name State of Illinois Pocktc )ss County ofli ) I, N I >-(€, a Notary Public in and for the County and State aforesaid, do hereby certify that 3c4 A 4 Me..pr, 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, thisLet\day of TOM. , 2 39-2- Notary Publi NANCY REYES Notary Public-Seal Lake County-State of Indiana ' Commission Number NP0743885 ' 4 My Commission Expires Sep 25,2030 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 seal, this day of 2023. Notary Public This instrument was prepared by. After recording, return to: Kathleen Field On- 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 AND THE NORTHEAST QUARTER OF SECTION 18,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 87 DEGREES 31 MINUTES 54 SECONDS WEST, ALONG THE NORTH LINE OF SAID SECTION 17, 630.00 FEET TO THE EAST LINE OF A PARCEL DESCRIBED IN DOCUMENT 201300015487 FOR THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 51 MINUTES 10 SECONDS EAST, ALONG SAID EAST LINE, 90.00 FEET;THENCE SOUTH 87 DEGREES 31 MINUTES 57 SECONDS WEST, 240.95 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY 201.42 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 298.00 FEET, CHORD BEARING SOUTH 68 DEGREES 10 MINUTES 10 SECONDS WEST, AND CHORD LENGTH OF 197.61 FEET TO A POINT OF TANGENCY; THENCE SOUTH 48 DEGREES 48 MINUTES 23 SECONDS WEST, 200.37 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY 258.72 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 330.00 FEET, CHORD BEARING SOUTH 71 DEGREES 15 MINUTES 59 SECONDS WEST, AND CHORD LENGTH OF 252.14 FEET TO A POINT OF TANGENCY; THENCE NORTH 86 DEGREES 16 MINUTES 25 SECONDS WEST, 47.94 FEET; THENCE SOUTH 03 DEGREES 43 MINUTES 35 SECONDS WEST, 20.00 FEET; THENCE NORTH 86 DEGREES 16 MINUTES 25 SECONDS WEST, 245.00 FEET; THENCE NORTH 03 DEGREES 43 MINUTES 35 SECONDS EAST, 30.00 FEET; THENCE NORTH 86 DEGREES 16 MINUTES 25 SECONDS WEST, 2192.13 FEET; THENCE NORTH 02 DEGREES 14 MINUTES 50 SECONDS EAST, 80.03 FEET TO THE CENTERLINE OF CORNEILS ROAD AS DESCRIBED IN DOCUMENT 201300015487; THENCE SOUTH 86 DEGREES 16 MINUTES 25 SECONDS EAST,ALONG SAID CENTERLINE, 2588.58 FEET TO A BEND IN SAID CENTERLINE; THENCE NORTH 36 DEGREES 12 MINUTES 24 SECONDS EAST, 371.19 FEET TO THE NORTH LINE OF SAID SECTION 17; THENCE NORTH 87 DEGREES 31 MINUTES 57 SECONDS EAST, ALONG SAID NORTH LINE, 461.59 FEE TO THE POINT OF BEGINNING, ALL IN KENDALL COUNTY, ILLINOIS, EXCEPTING THEREFROM THAT PART OF THE NORTHWEST QUARTER OF SECTION 17 AND THE NORTHEAST QUARTER OF SECTION 18, 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 87 DEGREES 31 MINUTES 54 SECONDS WEST, ALONG THE NORTH LINE OF SAID SECTION 17, 630.00 FEET TO THE EAST LINE OF A PARCEL DESCRIBED IN DOCUMENT 201300015487; THENCE SOUTH 00 DEGREES 51 MINUTES 10 SECONDS EAST, ALONG SAID EAST LINE, 40.00 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTHERLY ALONG SAID EAST LINE, 20.00 FEET; THENCE SOUTH 87 DEGREES 31 MINUTES 57 SECONDS WEST, 241.80 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY 221.69 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 328.00 FEET, CHORD BEARING SOUTH 68 DEGREES 10 MINUTES 10 SECONDS WEST, AND CHORD LENGTH OF 217.50 FEET TO A POINT OF TANGENCY; THENCE SOUTH 48 DEGREES 48 MINUTES 23 SECONDS WEST, 200.37 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY 235.20 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 300.00 FEET, CHORD BEARING SOUTH 71 DEGREES 15 MINUTES 59 SECONDS WEST, AND CHORD LENGTH OF 229.22 FEET TO A POINT OF TANGENCY; THENCE NORTH 86 DEGREES 16 MINUTES 25 SECONDS WEST, 2265.58 FEET; THENCE NORTH 02 DEGREES 14 MINUTES 50 SECONDS EAST, 60.02 FEET TO THE CENTERLINE OF CORNEILS ROAD AS DESCRIBED IN DOCUMENT 201300015487; THENCE SOUTH 86 DEGREES 16 MINUTES 25 SECONDS EAST, ALONG SAID CENTERLINE, 20.01 FEET; THENCE SOUTH 02 DEGREES 14 MINUETS 50 SECONDS WEST, 40.01 FEET; THENCE SOUTH 86 DEGREES 16 MINUTES 25 SECONDS EAST, 2246.09 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY 219.52 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 280.00 FEET, CHORD BEARING NORTH 71 DEGREES 15 MINUTES 59 SECONDS EAST,AND CHORD LENGTH OF 213.94 FEET TO A POINT OF TANGENCY; THENCE NORTH 48 DEGREES 48 MINUTES 23 SECONDS EAST, 220.37 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY 235.21 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 348.00 FEET, CHORD BEARING NORTH 68 DEGREES 10 MINUTES 10 SECONDS EAST, AND CHORD LENGTH OF 230.76 FEET TO A POINT OF TANGENCY; THENCE NORTH 87 DEGREES 31 MINUTES 57 SECONDS EAST, 242.37 FEET TO THE POINT OF BEGINNING , ALL IN KENDALL COUNTY, ILLINOIS, S w t, t„ v w 1. 1 f 1 7 11 Lc,'of I A'4,4 IU V Y 31 1 1 I a cr SIX.Is b C-a 4;;. 1 1 1 1 z I I k c 0 Csi I 1 I 1 n! i. 10rr6c. 1 1 1 I 1 1 WXib,i7' I.•641I i 1 r I I I I is 1 1 1 1 r/,al I , P 1 1 lii , w 1 I 1 I In 1 1 1 S 1w.r 1 i_ I it c2 l..‹ y v i rryvrl t I N - r°, ''', 1 F 1 I ti i 14. a s t I 1 v i'.may.v, t{ r' dA` \ \\ o I Y r. k t, ut5 ' 1 1 m,gyp L ' 1'<°\+ 5,I I c y 1R. 4 1 u. J ' W' d d t I ' I I it! s,1...) Ot is 1 0 r r 9, r 1 0. i 1Zc,.tr0 a 1§ 1i1 I I1 r t Stll IFS 1 W 1 p y1 Iy l '21 s 1 t la r 0 , Ir ' 1 8 'zj 1YYry.' 1 s. I i 1 +m `J :r R 'm i, a m f4 I 1n « n ry r+ Fi " 1 c,1 l ib u 1 1 1 t I i 1 i g , z. w m ', § I I + t ,1Tti3DErr.star, 1 o u i z' v ; I y' 4,1.' t % in Y w , P a t g 11. j AttiII , i L r . . . 3 1 a' t t c i x TH ;n r iln 1a9' g I I r , gr N c 'n Y f,, CI 19me _ SS m 1 ' ' i iV N l 4" c- 1. IMf ar 0 ti 1 1.3. I I ! v. ... v, +I_a of x! 1 1` jNtr Z a i 14 la '? I i s''r e c 1 I ! I I1 tI i 1 ! Im Iti• .G.YL Cl i j 1 13 1 rs ,b 4 ,.;, . 1 J 1 1 202400007370 DEBBIE GILLETTE RECORDER- KENDALL COUNTY, IL RECORDED: 06/28/2024 02:14 PM Owner John A. Meyer,Trustee RECORDING A. Meyer Trust ECORDING FEE 57.00 Address Cornelis Road PAGES:4 Yorkville, Illinois 60560 County Kendall P.I.N. Nos. 02-18-200-004, 02-17-100-004 &02-17-100-010 PERMANENT EASEMENT John A. Meyer, Trustee of the John A. Meyer Trust (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 (the"Premises"),along with the right of access from Corneils 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 day of , 202". By: Signs e Printed Name 8y: . gn re 1-n-L 4 Ales Printed Name State of lawns— ) cbcGy ss County of rcenlall- ) I, 1 - --k sz , a Notary Public in and for the County and State aforesaid, do hereby certify that 3Qir,r' A µe.II tc,personally known to me to be the same person(s) whose name is subscribed to the foregofng.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. h Given under my hand and official seat, this T day of �vne_ , 2021. Vri&Ldt 4a°-(f) NotaryPu .- - — — — — — -- . — . NANCY REYES Notary Public-Seal Lake County-State of Indiana Commission Number NP0743885 4 My Commission Expires Sep 25. 2030 State of Illinois ) )ss County of Kendall ) , 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 NORTHWEST QUARTER OF SECTION 17 AND THE NORTHEAST QUARTER OF SECTION 18,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 87 DEGREES 31 MINUTES 54 SECONDS WEST, ALONG THE NORTH UNE OF SAID SECTION 17, 630.00 FEET TO THE EAST LINE OF A PARCEL DESCRIBED IN DOCUMENT 201300015487; THENCE SOUTH 00 DEGREES 51 MINUTES 10 SECONDS EAST,ALONG SAID EAST LINE, 40.00 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTHERLY ALONG SAID EAST LINE, 20.00 FEET; THENCE SOUTH 87 DEGREES 31 MINUTES 57 SECONDS WEST, 241.80 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY 221.69 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 328.00 FEET, CHORD BEARING SOUTH 68 DEGREES 10 MINUTES 10 SECONDS WEST, AND CHORD LENGTH OF 217.50 FEET TO A POINT OF TANGENCY; THENCE SOUTH 48 DEGREES 48 MINUTES 23 SECONDS WEST, 200.37 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY 235.20 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 300.00 FEET, CHORD BEARING SOUTH 71 DEGREES 15 MINUTES 59 SECONDS WEST, AND CHORD LENGTH OF 229.22 FEET TO A POINT OF TANGENCY; THENCE NORTH 86 DEGREES 16 MINUTES 25 SECONDS WEST, 2265.58 FEET; THENCE NORTH 02 DEGREES 14 MINUTES 50 SECONDS EAST, 60.02 FEET TO THE CENTERLINE OF CORNEILS ROAD AS DESCRIBED IN DOCUMENT 201300015487; THENCE SOUTH 86 DEGREES 16 MINUTES 25 SECONDS EAST,ALONG SAID CENTERLINE, 20.01 FEET; THENCE SOUTH 02 DEGREES 14 MINUETS 50 SECONDS WEST, 40.01 FEET; THENCE SOUTH 86 DEGREES 16 MINUTES 25 SECONDS EAST, 2246.09 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY 219.52 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 280.00 FEET, CHORD BEARING NORTH 71 DEGREES 15 MINUTES 59 SECONDS EAST,AND CHORD LENGTH OF 213.94 FEET TO A POINT OF TANGENCY; THENCE NORTH 48 DEGREES 48 MINUTES 23 SECONDS EAST, 220.37 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY 235.21 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 348.00 FEET, CHORD BEARING NORTH 68 DEGREES 10 MINUTES 10 SECONDS EAST,AND CHORD LENGTH OF 230.76 FEET TO A POINT OF TANGENCY; THENCE NORTH 87 DEGREES 31 MINUTES 57 SECONDS EAST, 242.37 FEET TO THE POINT OF BEGINNING ,ALL IN KENDALL COUNTY, ILLINOIS. • - ). ,,4 ,, =1'..,>: - 7 , , 1 '.-, ;.-..•..-.- : ; I 3 , , r., ,,—,,,,-,,-,m,.,i• — - — — i o e *i Z:r- l.., .fa, . .-41.-11.1 1t- .1,L,. 14_ i "..-.. 1 I 1 .-...... .,.;-...t I . . .. -I i ,..., i 1 0. ., ,1 it 1 0' .0e... , .L.';'i 0':I .., 00i 1 '• . - fti' 1 _ -- -"-.".: i 1 ..• 1 — 1.... - ,. .:„}„' •,.. - 1 ''' ‘;.....) \4, c.: w 2 f•-, .;• ! 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I )6 10 2 Ili ib & r,,i , 1 III `S. 4 4 t *S 8 1 I IC i v , , . ti 1 j t 1 1 1 I er 41 ••• ,I1 tE r 1 #i,1 ' 1 ril :..'-*I ,,,ZK' It', 15 N.,,,,, 0:-..1 i'T-. Ll t)xi,co o,=. rr=6 - „ i — —4 I I ' 3 _,_ ....„_ _ —4-?..- '`sq-44,cc..s.,f 4•=F—:,):-.i=,.i '=-'.' '— • 1 1 1 =. ) 1 1 202400007369 DEBBIE GILLETTE RECORDER- KENDALL COUNTY, IL RECORDED: 06/28/2024 02:14 PM Owner John A. Meyer, Trustee RECORDING FEE 57.00 John A. Meyer Trust PAGES: 5 Address Cornelis Road Yorkville, Illinois 60560 County Kendall P.I.N. Nos. 02-18-200-004, 02-17-100-004 &02-17-100-010 TEMPORARY CONSTRUCTION EASEMENT John A. Meyer, Trustee of the John A. Meyer Trust (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 all appurtenances thereto, on,over, and through the real estate legally described on Exhibit A(the "Premises")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 occurs first. 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. ft„ `t Dated this ' day of J `4 , 202/ By. Sign re 4 . Printed Name By: gna e Printed Name State of Illinois ) Pocktc )ss County ofli ) I, N I >-(€, a Notary Public in and for the County and State aforesaid, do hereby certify that 3c4 A 4 Me..pr, 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, thisLet\day of TOM. , 2�3 9-2- Notary Publi ( NANCY REYES ' Notary Public-Seal Lake County-State of Indiana ' ( Commission Number NP0743885 ' 4 My Commission Expires Sep 25,2030 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 seal, this day of , 2023. Notary Public This instrument was prepared by. After recording, return to: Kathleen Field On- 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 AND THE NORTHEAST QUARTER OF SECTION 18,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 87 DEGREES 31 MINUTES 54 SECONDS WEST, ALONG THE NORTH LINE OF SAID SECTION 17, 630.00 FEET TO THE EAST LINE OF A PARCEL DESCRIBED IN DOCUMENT 201300015487 FOR THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 51 MINUTES 10 SECONDS EAST, ALONG SAID EAST LINE, 90.00 FEET;THENCE SOUTH 87 DEGREES 31 MINUTES 57 SECONDS WEST, 240.95 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY 201.42 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 298.00 FEET, CHORD BEARING SOUTH 68 DEGREES 10 MINUTES 10 SECONDS WEST, AND CHORD LENGTH OF 197.61 FEET TO A POINT OF TANGENCY; THENCE SOUTH 48 DEGREES 48 MINUTES 23 SECONDS WEST, 200.37 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY 258.72 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 330.00 FEET, CHORD BEARING SOUTH 71 DEGREES 15 MINUTES 59 SECONDS WEST, AND CHORD LENGTH OF 252.14 FEET TO A POINT OF TANGENCY; THENCE NORTH 86 DEGREES 16 MINUTES 25 SECONDS WEST, 47.94 FEET; THENCE SOUTH 03 DEGREES 43 MINUTES 35 SECONDS WEST, 20.00 FEET; THENCE NORTH 86 DEGREES 16 MINUTES 25 SECONDS WEST, 245.00 FEET; THENCE NORTH 03 DEGREES 43 MINUTES 35 SECONDS EAST, 30.00 FEET; THENCE NORTH 86 DEGREES 16 MINUTES 25 SECONDS WEST, 2192.13 FEET; THENCE NORTH 02 DEGREES 14 MINUTES 50 SECONDS EAST, 80.03 FEET TO THE CENTERLINE OF CORNEILS ROAD AS DESCRIBED IN DOCUMENT 201300015487; THENCE SOUTH 86 DEGREES 16 MINUTES 25 SECONDS EAST,ALONG SAID CENTERLINE, 2588.58 FEET TO A BEND IN SAID CENTERLINE; THENCE NORTH 36 DEGREES 12 MINUTES 24 SECONDS EAST, 371.19 FEET TO THE NORTH LINE OF SAID SECTION 17; THENCE NORTH 87 DEGREES 31 MINUTES 57 SECONDS EAST, ALONG SAID NORTH LINE, 461.59 FEE TO THE POINT OF BEGINNING, ALL IN KENDALL COUNTY, ILLINOIS, EXCEPTING THEREFROM THAT PART OF THE NORTHWEST QUARTER OF SECTION 17 AND THE NORTHEAST QUARTER OF SECTION 18, 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 87 DEGREES 31 MINUTES 54 SECONDS WEST, ALONG THE NORTH LINE OF SAID SECTION 17, 630.00 FEET TO THE EAST LINE OF A PARCEL DESCRIBED IN DOCUMENT 201300015487; THENCE SOUTH 00 DEGREES 51 MINUTES 10 SECONDS EAST, ALONG SAID EAST LINE, 40.00 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTHERLY ALONG SAID EAST LINE, 20.00 FEET; THENCE SOUTH 87 DEGREES 31 MINUTES 57 SECONDS WEST, 241.80 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY 221.69 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 328.00 FEET, CHORD BEARING SOUTH 68 DEGREES 10 MINUTES 10 SECONDS WEST, AND CHORD LENGTH OF 217.50 FEET TO A POINT OF TANGENCY; THENCE SOUTH 48 DEGREES 48 MINUTES 23 SECONDS WEST, 200.37 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY 235.20 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 300.00 FEET, CHORD BEARING SOUTH 71 DEGREES 15 MINUTES 59 SECONDS WEST, AND CHORD LENGTH OF 229.22 FEET TO A POINT OF TANGENCY; THENCE NORTH 86 DEGREES 16 MINUTES 25 SECONDS WEST, 2265.58 FEET; THENCE NORTH 02 DEGREES 14 MINUTES 50 SECONDS EAST, 60.02 FEET TO THE CENTERLINE OF CORNEILS ROAD AS DESCRIBED IN DOCUMENT 201300015487; THENCE SOUTH 86 DEGREES 16 MINUTES 25 SECONDS EAST, ALONG SAID CENTERLINE, 20.01 FEET; THENCE SOUTH 02 DEGREES 14 MINUETS 50 SECONDS WEST, 40.01 FEET; THENCE SOUTH 86 DEGREES 16 MINUTES 25 SECONDS EAST, 2246.09 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY 219.52 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 280.00 FEET, CHORD BEARING NORTH 71 DEGREES 15 MINUTES 59 SECONDS EAST,AND CHORD LENGTH OF 213.94 FEET TO A POINT OF TANGENCY; THENCE NORTH 48 DEGREES 48 MINUTES 23 SECONDS EAST, 220.37 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY 235.21 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 348.00 FEET, CHORD BEARING NORTH 68 DEGREES 10 MINUTES 10 SECONDS EAST, AND CHORD LENGTH OF 230.76 FEET TO A POINT OF TANGENCY; THENCE NORTH 87 DEGREES 31 MINUTES 57 SECONDS EAST, 242.37 FEET TO THE POINT OF BEGINNING , ALL IN KENDALL COUNTY, ILLINOIS, S w ,t, t„ v w 1. 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