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Ordinance 2024-34 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2024-34 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 23`d day of July, 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 24, 2024. Ordinance No.2024-34 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 the owner of certain property at 11159 Faxon Road and 2820 Beecher 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. 2024-34 Page 2 1. Permanent Easement for a watermain dated July 15, 2024, from Robert M. Loftus and Ildefonsa Loftus, Trustees of the Loftus Living Trust, collectively, as Grantor, said easement being located within Parcel Nos. 02-18-400-006 and 02-19-200-001. 2. Temporary Construction Easement for a watermain dated July 15, 2024, from Robert M. Loftus and Ildefonsa Loftus, Trustees of the Loftus Living Trust, collectively, as Grantor, said easement being located within Parcel Nos. 02-18-400-006 and 02-19- 200-001. 3. Permanent Easement for a sanitary sewer dated July 15, 2024, from Robert M. Loftus and Ildefonsa Loftus, Trustees of the Loftus Living Trust, collectively, as Grantor, said easement being located within Parcel Nos. 02-18-400-006 and 02-19-200-001. 4. Temporary Construction Easement for a sanitary sewer dated July 15, 2024, from Robert M. Loftus and Ildefonsa Loftus, Trustees of the Loftus Living Trust, collectively, as Grantor, said easement being located within Parcel Nos. 02-18-400-006 and 02-19-200-001. Section 3: The City Council hereby authorizes payment in an amount not to exceed a total of Forty-One Thousand Sixteen Dollars ($41,016) 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. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 23`d day of July, A.D. 2024. CI Y CLERK Ordinance No. 2024-34 Page 3 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 -7 A of , A.D. 2024. MAYOR ~ Attest: bITYLERK Ordinance No. 2024-34 Page 4 Owner Loftus Trust Address 11159 Faxton Road Yorkville, Illinois 60560 County Kendall P.I.N. Nos. 02-18-400-006 and 02-19-200-001 PERMANENT EASEMENT 202400008497 DEBBIE GILLETTE RECORDER - KENDALL COUNTY, IL RECORDED: 07/26/2024 10:22 AM RECORDING FEE 69.00 PAGES: 4 Robert M. Loftus and lldefonsa Loftus, Trustees of the Loftus Living 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 appurtenances thereto, on, over, and through the real estate legally described on Exhibit A attached hereto. Along with the right of access from Beecher 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 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. Dated this ��� day of �z4' ti 2024. By. v - - v -.-7� Sign ure Q-66 1 Printed Name By: Signatu IL U EON56 L d MS Printed Name State of Illinois ) ) SS County of Kendall } I, �NN ,t,Z ^t� , a No ary Public in and for the County and State aforesaid, do hereby certify that izr S , 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 /f day of 2024. Not ary Pu is State of Illinois ) ) ss County of Kendall ) " OFFICIALEgL wr, HELLANDATE OF ILLINOISNO, Q81863PIRES 11/2212027 I, �jLdnV 2. U1livO , a Notary Public in and for the County and State aforesaid, do hereby certify that ;7:-kdkyQ l�P1VS , 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 /5 day of - �v`i , 2024. ry P lic This instrument was prepared by: Megan Lamb Ottosen DiNolfo Hasenbalg & Castaldo, Ltd 1804 N. Naper Blvd., Suite 350 Naperville, Illinois 60563 u � ::F:i CIAL SEAL HON L HELLAND NOBLIC, STATE OF I�L4NO1S SSICiN NO. 981863MYION EXPIRES 11/22j202:' After recording, return to: United City of Yorkville 651 Prairie Pointe Yorkville, Illinois 60560 EXHIBIT A PARCEL A (20' UTILITY EASEMENT) THAT PART OF THE SOUTHEAST QUARTER OF SECTION 18 AND THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 18; THENCE NORTH 01 DEGREES 18 MINUTES 23 SECONDS WEST, ALONG THE EAST LINE OF SAID SECTION 18, 627.34 FEET TO THE SOUTH LINE OF THE BURLINGTON NORTHERN SANTA FE RAILROAD RIGHT OF WAY; THENCE SOUTH 73 DEGREES 22 MINUTES 17 SECONDS WEST, ALONG SAID SOUTH LINE, 1420.48 FEET, TO A POINT 41.54 FEET SOUTHWESTERLY OF THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 18 AS MEASURED ALONG SAID SOUTH LINE, FOR THE POINT OF BEGINNING; THENCE SOUTH 01 DEGREES 10 MINUTES 48 SECONDS EAST, 1093.40 FEET TO THE CENTERLINE OF FAXON ROAD AS DESCRIBED IN DOCUMENT 20000014575; THENCE NORTH 75 DEGREES 28 MINUTES 22 SECONDS WEST, ALONG SAID CENTERLINE, 20.78 FEET; THENCE NORTH 01 DEGREES 10 MINUTES 48 SECONDS WEST, 1082.25 FEET TO SAID SOUTH RIGHT OF WAY LINE; THENCE NORTH 73 DEGREES 22 MINUTES 17 SECONDS EAST, ALONG SAID SOUTH RIGHT OF WAY LINE, 20.75 FEET TO THE POINT OF BEGINNING. ALL IN KENDALL COUNTY, ILLINOIS. EXHIBIT I � ' 1 1 0 120 240 SCALE FEET PARCEL A 21,756 SF/ 0.50 ACRES 1 PARCEL 3 75,231 SF/ 1.73 ACRES ' 31.12' 31.16' N75*28'22"W _ _____________N01'10'48"W 106552' N73'22'17"E —PARCEL B TEMPORARY CONSTRUCTION EASEMENT — — 1082.25' _ 20.75' 20.78'- - - - - - - - - - - --------_N_01_1048 W-------'----------- — PARCEL A 20' UTILITY EASEMENT _ _ _ _ _ — — — — — — — — — — N73'22'17"E . N75'2$'22"W----------"`--------- 109340' S01'10'48"E ---- � PARCEL B TEMPORARY CONSTRUCTION EASEMENT f P.O.B. PARCEL A ZWEST -----------------------------38.57' - - - - - ----826.88BEECHER RO,4D 288.04' 41.54' N75'28'22"W S00'58'34"E S01'10'53"E N73'22'17"E LINE OF THE NORTHEAST 1/4 OF THE i INORTHEAST 1/4 OF SECTION 19-37-7 P.O.B. �1 PARCEL B c l; 1 WEST LINE OF THE SOUTHEAST 1/4 OF THE C� 1 `GI SOUTHEAST 1/4 OF SECTION 18-37-7 �1 1 O I i I I I ' P.O.C. PARCEL A PARCE - _ - - - - - - - - - - - o� 19 $ FOUNDLIRON ' 20 fi7��, N01.18'23,'W ' 627.34 I Engineering Enterprises, Inc. CONSULTING ENGINEERS 52 Wheeler Road i Sugar Grove, Illinois 60554 630,466.6700 / www.eeiweb.com COPYRIGHT O 2024 ENGINEERING ENTERPRISES, INC. 1 PRO ECT NO: Y 2319 FILE 0: Y02319—LOFTUS—BEECHER 1 Owner Loftus Trust Address 11159 Faxton Road Yorkville, Illinois 60560 County Kendall P.I.N. Nos. 02-18-400-006 and 02-19-200-001 202400008498 DEBBIE GILLETTE RECORDER - KENDALL COUNTY, IL RECORDED: 07/26/2024 10:22 AM RECORDING FEE 69.00 PAGES_ 4 TEMPORARY CONSTRUCTION EASEMENT Robert M. Loftus and Ildefonsa Loftus, Trustees of the Loftus Living 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 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 / day of N/V,� By: c_ Si nature Printed Name By: . Signatu Printed Name State of Illinois } } ss County of Kendall } I, `. L, >�a Notary Public in and for the County and State aforesaid, do hereby certify that 8,'C'-r 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 sea[, this � day of 2024. N u c v "OFFICIAL SEAL" JONATHON L HELLAN© 140TARY PUBLIC, STATE OF ILLINOIS COMMISSION NO. gal863 MY COMMISSION EXPIRE$ 11/221202 1 State of Illinois ) ) s5 County of Kendall ) I, 1dMW-L, lk-L-" -, 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 IS-' day of 2024. "OFFICIAL SEALle 4�ary'P JONATHON L HELLAND blic FMY 7ARY PUBLIC, STATE OF ILLINOI$ COMMISSION NO. 981863 COMMISSION EXPIRES 1112212027 This instrument was prepared by: Megan Lamb Ottosen DiNolfo Hasenbalg & Castaldo, Ltd 1804 N. Naper Blvd., Suite 350 Naperville, Illinois 60563 After recording, return to. - United City of Yorkville 651 Prairie Pointe Yorkville, Illinois 60560 EXHIBIT A PARCEL B (TEMPORARY CONSTRUCTION EASEMENT) THAT PART OF THE SOUTHEAST QUARTER OF SECTION 18 AND THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 18; THENCE NORTH 01 DEGREES 18 MINUTES 23 SECONDS WEST, ALONG THE EAST LINE OF SAID SECTION 18, 627.34 FEET TO THE SOUTH LINE OF THE BURLINGTON NORTHERN SANTA FE RAILROAD RIGHT OF WAY; THENCE SOUTH 73 DEGREES 22 MINUTES 17 SECONDS WEST, ALONG SAID SOUTH LINE, 1378.94 FEET TO THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 18, FOR THE POINT OF BEGINNING; THENCE SOUTH 01 DEGREES 10 MINUTES 53 SECONDS EAST, ALONG SAD WEST LINE, 288.04 FEET TO THE NORTH LINE OF SAID SECTION 19; THENCE SOUTH 00 DEGREES 58 MINUTES 34 SECONDS EAST, ALONG THE WEST LINE OF THE NORTH EAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 19, 826.88 FEET TO THE CENTERLINE OF FAXON ROAD AS DESCRIBED IN DOCUMENT 20000014575; THENCE NORTH 75 DEGREES 28 MINUTES 22 SECONDS WEST ALONG SAID CENTERLINE, 90.51 FEET; THENCE NORTH 01 DEGREES 10 MINUTES 48 SECONDS WEST, 1065.52 FEET TO SAID SOUTH RIGHT OF WAY LINE; THENCE NORTH 73 DEGREES 22 MINUTES 17 SECONDS EAST, ALONG SAID SOUTH RIGHT OF WAY LINE, 93.41 FEET TO THE POINT OF BEGINNING. ALL IN KENDAL COUNTY, ILLINOIS. EXCEPTING THEREFROM THAT PART OF THE SOUTHEAST QUARTER OF SECTION 18 AND THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 18; THENCE NORTH 01 DEGREES 18 MINUTES 23 SECONDS WEST, ALONG THE EAST LINE OF SAID SECTION 18, 627.34 FEET TO THE SOUTH LINE OF THE BURLINGTON NORTHERN SANTA FE RAILROAD RIGHT OF WAY; THENCE SOUTH 73 DEGREES 22 MINUTES 17 SECONDS WEST, ALONG SAID SOUTH LINE, 1420.48 FEET, TO A POINT 41.54 FEET SOUTHWESTERLY OF THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 18 AS MEASURED ALONG SAID SOUTH LINE, FOR THE POINT OF BEGINNING; THENCE SOUTH 01 DEGREES 10 MINUTES 48 SECONDS EAST, 1093.40 FEET TO THE CENTERLINE OF FAXON ROAD AS DESCRIBED IN DOCUMENT 20000014575; THENCE NORTH 75 DEGREES 28 MINUTES 22 SECONDS WEST, ALONG SAID CENTERLINE, 20.78 FEET; THENCE NORTH 01 DEGREES 10 MINUTES 48 SECONDS WEST, 1082.25 FEET TO SAID SOUTH RIGHT OF WAY LINE; THENCE NORTH 73 DEGREES 22 MINUTES 17 SECONDS EAST, ALONG SAID SOUTH RIGHT OF WAY LINE, 20.75 FEET TO THE POINT OF BEGINNING, ALL IN KENDALL COUNTY, ILLINOIS. EXHIBIT I � ' 1 1 0 120 240 SCALE FEET PARCEL A 21,756 SF/ 0.50 ACRES 1 PARCEL 3 75,231 SF/ 1.73 ACRES ' 31.12' 31.16' N75*28'22"W _ _____________N01'10'48"W 106552' N73'22'17"E —PARCEL B TEMPORARY CONSTRUCTION EASEMENT — — 1082.25' _ 20.75' 20.78'- - - - - - - - - - - --------_N_01_1048 W-------'----------- — PARCEL A 20' UTILITY EASEMENT _ _ _ _ _ — — — — — — — — — — N73'22'17"E . N75'2$'22"W----------"`--------- 109340' S01'10'48"E ---- � PARCEL B TEMPORARY CONSTRUCTION EASEMENT f P.O.B. PARCEL A ZWEST -----------------------------38.57' - - - - - ----826.88BEECHER RO,4D 288.04' 41.54' N75'28'22"W S00'58'34"E S01'10'53"E N73'22'17"E LINE OF THE NORTHEAST 1/4 OF THE i INORTHEAST 1/4 OF SECTION 19-37-7 P.O.B. �1 PARCEL B c l; 1 WEST LINE OF THE SOUTHEAST 1/4 OF THE C� 1 `GI SOUTHEAST 1/4 OF SECTION 18-37-7 �1 1 O I i I I I ' P.O.C. PARCEL A PARCE - _ - - - - - - - - - - - o� 19 $ FOUNDLIRON ' 20 fi7��, N01.18'23,'W ' 627.34 I Engineering Enterprises, Inc. CONSULTING ENGINEERS 52 Wheeler Road i Sugar Grove, Illinois 60554 630,466.6700 / www.eeiweb.com COPYRIGHT O 2024 ENGINEERING ENTERPRISES, INC. 1 PRO ECT NO: Y 2319 FILE 0: Y02319—LOFTUS—BEECHER 1 Owner Loftus Trust Address 11159 Faxton Road Yorkville, Illinois 60560 County Kendall P.I.N. Nos. 02-18-400-006 and 02-19-200-001 PERMANENT EASEMENT 202400008499 DEBBIE GILLETTE RECORDER - KENDALL COUNTY, IL RECORDED: 07/26/2024 I0:22 AM RECORDING FEE 69.00 PAGES: 4 Robert M. Loftus and Ildefonsa Loftus, Trustees of the Loftus Living 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 sanitary sewer and appurtenances thereto, on, over, and through the real estate legally described on Exhibit A attached hereto. Along with the right of access from Beecher 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 sanitary sewer. 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 Y day of , 2024. By: Si nature Printed Name By. Signatu(e -I L D ,r�u 7 A L 0 FT cA-,3 Printed Name State of Illinois } ) ss County of Kendall ) I, a Notary Public in and for the County and State aforesaid, do hereby certify that 66Fgrd , 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 , 2024. ar tic [NoT:ARy FICIAL SEAL" THON L HELLAND UBLIC, STATE OF ILLiN01S MISSION NO. 981863 SSION EXPIRES HELL: 112212027 �' State of Illinois ) ) ss County of Kendall ) I, dry "IJ �� I I a Not ry Public in and for the County and State aforesaid, do hereby certify that 'IM , 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 -L , 2024. kf ary Pu is This instrument was prepared by. Megan Lamb Ottosen DiNolfo Hasenbalg & Castaldo, Ltd 1804 N. Naper Blvd., Suite 350 Naperville, Illinois 60563 L OFFICIAL SEAL" JONATHON L HELLAN❑ TARYPUBLIC, STATE OF ILLINOISCOMM1SS10N NO. 981963COMMISSION EXPIRES 11/2212027 After recording, return to: United City of Yorkville 651 Prairie Pointe Yorkville, Illinois 60560 EXHIBIT A PARCEL A (30' UTILITY EASEMENT) THAT PART OF THE SOUTHWEST QUARTER OF SECTION 17 AND THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 17; THENCE NORTH 01 DEGREES 18 MINUTES 23 SECONDS WEST, ALONG THE WEST LINE OF SAID SECTION 17, 731.03 FEET TO THE NORTH LINE OF THE BURLINGTON NORTHERN SANTA FE RAILROAD RIGHT OF WAY FOR THE POINT OF BEGINNING; THENCE SOUTH 73 DEGREES 22 MINUTES 17 SECONDS WEST, ALONG SAID NORTH LINE, 1378.71 FEET TO THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 18; THENCE NORTH 01 DEGREES 10 MINUTES 53 SECONDS WEST, ALONG SAID WEST LINE, 31.12 FEET; THENCE NORTH 73 DEGREES 22 MINUTES 17 SECONDS EAST, 1672.43 FEET TO THE CENTER LINE OF ROB ROY CREEK DESCRIBED IN DOC 200100014575; THENCE SOUTH 07 DEGREES 20 MINUTES 24 SECONDS EAST, ALONG SAID CENTER LINE, 30.40 FEET TO THE NORTH LINE OF THE BURLINGTON NORTHERN SANTA FE RAILROAD RIGHT OF WAY; THENCE SOUTH 73 DEGREES 22 MINUTES 17 SECONDS WEST, ALONG SAID NORTH LINE, 297.10 FEET TO THE POINT OF BEGINNING. ALL IN KENDALL COUNTY, ILLINOIS. PARCEL C (30' UTILITY EASEMENT) THAT PART OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 17; THENCE NORTH 01 DEGREES 18 MINUTES 23 SECONDS WEST, ALONG THE WEST LINE OF SAID SECTION 17, 627.34 FEET TO THE SOUTH LINE OF THE BURLINGTON NORTHERN SANTA FE RAILROAD RIGHT OF WAY; THENCE NORTH 73 DEGREES 22 MINUTES 17 SECONDS EAST, ALONG SAID SOUTH LINE, 177.59 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING NORTH 73 DEGREES 22 MINUTES 17 SECONDS EAST, ALONG SAID SOUTH LINE, 30.00 FEET; THENCE SOUTH 16 DEGREES 39 MINUTES 01 SECONDS EAST, 10.00 FEET; THENCE NORTH 73 DEGREES 22 MINUTES 17 SECONDS EAST, 59.93 FEET TO THE EAST LINE OF GRANTORS PROPERTY DESCRIBED IN DOCUMENT 200100014575 RECORDED IN THE KENDALL COUNTY RECORDERS OFFICE; THENCE SOUTH 07 DEGREES 43 MINUTES 45 SECONDS WEST, ALONG SAID EAST LINE, 32.93 FEET; THENCE SOUTH 73 DEGREES 22 MINUTES 17 SECONDS WEST, 76.34 FEET; THENCE NORTH 16 DEGREES 39 MINUETS 01 SECONDS WEST, 40.00 FEET TO THE POINT OF BEGINNING. ALL IN KENDALL COUNTY, ILLINOIS. EXHIBIT � I CENTERLINE OF CREEK �J �41.17' PARCEL A 50,224 SF/ 1.15 ACRES — — — 1� S05.27'34"W PARCEL B 116,970 SF/ 2.69 ACRES i _ _ — L--32.27' PARCEL C 2,794 SF/ 0.06 ACRES I — — S07.20'24"E' PARCEL D 136,904 SF/ 3.14 ACRES — — I _ — a S07'20'24"E 5�.22 PARCEL C _ — 4 r � 0 120 240 --- N ENS�M��� �� 7� — P PRCE�RUC��O — —-! SEE DETAIL FOR co p o �� � = � GflNs � — — — — I PARCEL A _ � � PARCEL C o I SCALE FEET N� 3.22�� E — �E�'��RPR�16� 2- �Ps�M—N— _ — — —� 59— ,,, „ E ! �3 22 000 o' _ R0,41) o ww _� N� P ��-�' _— A I o z= _ � R _ o z:r _ _P— ANT _ — I 1 o o 4— f �N �,� URTI w — N O I P.O.B. I� J r-O�� PARCEL i — _ _ — _ ii— _ P SRO ZRDO�ION _ — O ! z I P — 9 fD36a�„E I J 22,1 f DETAIL rcil'�; �tiPARCEL Ci 7� I C 00 Engineering Enterprises, Inc. CONSULTING ENGINEERS YEARS 52 Wheeler Road Sugar Grove, Illinois 60554 630,466.6700 / www.eeiweb.com 2' �-7o P.O.B. N�3.2 dp' ! PARCEL 59 g3 in _ — 000` N� - � � 1 �o oll S16'39'01 "E 6E SEMEN J can 2 1 -76.5, "W 20 P.O.C. PARCELS A, B & C FOUND IRON PIPE 1 PROJECT NO: Y02321 FILE NO: Y02321—LOFTUS-02 202400008500 Owner Loftus Trust DEBBIE GILLETTE Address 11159 Faxton Road RECORDER - KENDALL COUNTY, IL Yorkville, Illinois 60560 RECORDED: 07/26/ 2024 10:22 AM County Kendall RECOR NG FEE 69.00 PAGES: 4 P.I.N. Nos. 02-15-400-006 and 02-19-200-001 TEMPORARY CONSTRUCTION EASEMENT Robert M. Loftus and Ildefonsa Loftus, Trustees of the Loftus Living 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 sanitary sewer 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 sanitary sewer. 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 N24. By: Signature R_ebe_rrt- A . LoF-ru Printed Name By:al I III . Signat+ke TL nEro s4 L0 F R45 Printed Name State of Illinois ) ) ss County of Kendall ) I, 1�&,; Ukn� , a Nat ry Public in and for the County and State aforesaid, do hereby certify that �r +� , 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 fib _, 2024. �otary blic 1-- "OFFICIAL SEAL" ATHQN L MELLANC3 PUBLIC, STATE OF ILLINOIS MMISSION NO, 981863 ISSION EXPIRES 11/2212027 State of Illinois ) ) ss County of Kendall ) I, J10ftl) �, li-VI' , a Notary Public in and for the County and State aforesaid, do hereby certify that j� 4 _WL6, 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 2day of ' (��`, , 2024. [J:ONAT:HON IAL SEAL" L FiELI.AND ary P hC C, STATE OF ILL11V015 ION Nd. 981863N EXPIRE :S 1112212027 This instrument was prepared by. Megan Lamb Ottosen DiNolfo Hasenbalg & Castaldo, Ltd 1804 N. Naper Blvd., Suite 350 Naperville, Illinois 60563 After recording, return to: United City of Yorkville 651 Prairie Pointe Yorkville, Illinois 60560 EXHIBIT A PARCEL B (70' TEMPORARY CONSTRUCTION EASEMENT) THAT PART OF THE SOUTHWEST QUARTER OF SECTION 17 AND THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 17; THENCE NORTH 01 DEGREES 18 MINUTES 23 SECONDS WEST, ALONG THE WEST LINE OF SAID SECTION 17, 731.03 FEET TO THE NORTH LINE OF THE BURLINGTON NORTHERN SANTA FE RAILROAD RIGHT OF WAY; THENCE SOUTH 73 DEGREES 22 MINUTES 17 SECONDS WEST, ALONG SAID NORTH LINE, 1378.71 FEET TO THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 18; THENCE NORTH 01 DEGREES 10 MINUTES 53 SECONDS WEST, ALONG SAID WEST LINE, 31.12 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING NORTH 01 DEGREES 10 MINUTES 53 SECONDS WEST, ALONG SAID WEST LINE, 72.62 FEET; THENCE NORTH 73 DEGREES 22 MINUTES 17 SECONDS EAST, 1673.77 FEET TO THE CENTER LINE OF ROB ROY CREEK DESCRIBED IN DOC 200100014575; THENCE SOUTH 05 DEGREES 27 MINUTES 34 SECONDS WEST, ALONG SAID CENTER LINE, 41.17 FEET; THENCE SOUTH 07 DEGREES 20 MINUTES 24 SECONDS EAST ALONG SAID CENTER LINE, 32.27 FEET; THENCE SOUTH 73 DEGREES 22 MINUTES 17 SECONDS WEST, 1672.43 FEET TO THE POINT OF BEGINNING. ALL IN KENDALL COUNTY, ILLINOIS. PARCEL D (85' TEMPORARY CONSTRUCTION EASEMENT) THAT PART OF THE SOUTHWEST QUARTER OF SECTION 17 AND THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED IN DOCUMENT 200100014575 AND RECORDED IN THE KENDALL COUNTY RECORDERS OFFICE DESCRIBED AS FOLLOWS: AN 85.00 FOOT WIDE STRIP OF LAND LYING ADJACENT TO AND SOUTHERLY OF THE SOUTH LINE OF THE BURLINGTON NORTHERN SANTE FE RAILROAD RIGHT OF WAY AND EAST OF THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 18, ALL IN KENDALL COUNTY, ILLINOIS. EXHIBIT � I CENTERLINE OF CREEK �J �41.17' PARCEL A 50,224 SF/ 1.15 ACRES — — — 1� S05.27'34"W PARCEL B 116,970 SF/ 2.69 ACRES i _ _ — L--32.27' PARCEL C 2,794 SF/ 0.06 ACRES I — — S07.20'24"E' PARCEL D 136,904 SF/ 3.14 ACRES — — I _ — a S07'20'24"E 5�.22 PARCEL C _ — 4 r � 0 120 240 --- N ENS�M��� �� 7� — P PRCE�RUC��O — —-! SEE DETAIL FOR co p o �� � = � GflNs � — — — — I PARCEL A _ � � PARCEL C o I SCALE FEET N� 3.22�� E — �E�'��RPR�16� 2- �Ps�M—N— _ — — —� 59— ,,, „ E ! �3 22 000 o' _ R0,41) o ww _� N� P ��-�' _— A I o z= _ � R _ o z:r _ _P— ANT _ — I 1 o o 4— f �N �,� URTI w — N O I P.O.B. I� J r-O�� PARCEL i — _ _ — _ ii— _ P SRO ZRDO�ION _ — O ! z I P — 9 fD36a�„E I J 22,1 f DETAIL rcil'�; �tiPARCEL Ci 7� I C 00 Engineering Enterprises, Inc. CONSULTING ENGINEERS YEARS 52 Wheeler Road Sugar Grove, Illinois 60554 630,466.6700 / www.eeiweb.com 2' �-7o P.O.B. N�3.2 dp' ! PARCEL 59 g3 in _ — 000` N� - � � 1 �o oll S16'39'01 "E 6E SEMEN J can 2 1 -76.5, "W 20 P.O.C. PARCELS A, B & C FOUND IRON PIPE 1 PROJECT NO: Y02321 FILE NO: Y02321—LOFTUS-02