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HomeMy WebLinkAboutRes 04-83 02/01/1983 /~ r '\ F j RESOLUTION NO. 4-83 A RESOLUTION TO APPROVE AND ACCEPT A DETENTION POND EASEMENT AGREEMENT BETWEEN THE OPUS, CORP. AND THE VILLAGE OF MOUNT PROSPECT, ILLINOIS BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS, COOK COUNTY, ILLINOIS: SECTION ONE: There has been submitted to the President and Board of Trustees of the Village of Mount Prospect by' Opus Corporation, a Detention Pond Easement Agreement which provides for a grant of easement to be given to the Village of Mount Prospect for storm water drainage purposes within that property commonly known as Kensington Center, together with an additional grant of access easements to the Village for the purpose of providing access to and from said drainage easement areas, all as described and set forth in the said Detention Pond Easement Agreement, copies of which are attached hereto and made a part of this Resolution. SECTION TWO: The said Detention Pond Easement Agreement has been submitted to this Board in accordance with the provisions of a certain Annexation Agreement of May, 1980, pertaining to the granting of easements and pursuant to certain discussions between the Opus Corporation and the admininstrative staff of the Village regarding the granting of drainage and access easement areas, and said Detention Pond Easement Agreement is hereby approved and accepted as being in compliance with such Annexation Agreement and discussions. SECTION THREE: The Mayor and the Village Clerk are hereby authorized and directed to exec'ute the Detention Pond Easement Agreement on behalf of this Village and to take all further steps deemed necessary to record the Agreement and any sub- sequent Plat of Easement to which it p~rtains. '," SECTION FOUR: This Resolution shall b~ in full force and effect upon its passage and approval in accordance with law. PASSED AND APPROVED this 1st day of February , 1983. AYES: Arthur, Farley, Floros, Richardson NAYS: None ABSENT: Murauskis, Wattenberg ç iJ Ii {; âI At ~ j/ . cU!~ Coy MAYOR ATTEST: kf~ VILLAGÉ CLERK ~ , F~ , oQEt~~~ A RAUENHORST COMPANY May 10, 1983 Ms. Carol Fields Vil"lage Clerk Village of Mount Prospect 100 South Emerson Mount Prospect, IL 60056 Dear Carol: Please find enclosed for your records an original Detention Pond Easement Agreement which has 'been fully executed and recorded. Sincerely, ~J\ {.~~SQJ f ERS D EVEL OP ER S , Neil Rauenhorst Real Estate Representative INC. NR/mc Encl. CHICAGO. MILWAUKEE' MINNEAPOLIS. PHOENIX CHICAGO OFFICE: KENSINGTON CENTER FOR BUSINESS, 411 BUSINESS CENTER DRIVE, MOUNT PROSPECT, ILLINOIS 60056, (312) 824-4444 "'-', .' , ! '., ~~~'ü e.. . . I "..,,¡¡," !o~~ ,j'l<....... ;}-J '.j "1-) ~"V 26546345 DETENTION POND EASEMENT AGREEMENT This Agreement is made as of ,this ~ day of r-!'8Æ,(.(A~,( , 1983, by and between Opus Corporation, a Minnesota corporation, authorized to transact business in Illinois as Opus Designers, Builders, Developers, Inc., (formerly known as Rauenhorst Corporation) ("Opus") and The Village of Mount Prospect, an Illinois municipal corporation (the "Village"), WIT N E SSE T H ---------- WHEREAS, Opus is the developer of the subdivisions and resubdivisions in Cook County, Illinois known as Kensington Center; and WHEREAS, in connection with the development of Kensington Center, Opus has constructed certain storm water detention ponds and related and ancillary drainage facilities, one of which detention ponds with related and ancillary facilities (the "Detention Pond") is located on the real WHEREAS, a portion of the Easement Area is located N ~ Ut ~ (!'. ~ ~ CJt estate (the "Easement Area") described on Exhibit A attached hereto and made a part hereof; and on land owned by Opus; and WHEREAS, the portion of the Easement Area not owned by Opus is located within Lot 207 in Kensington Center Phase Three - A, according to the plat of such subdivision, and is within an area of Lot 207 shown on the above-described plat of subdivision to be encumbered by an easement for access, storm detention and drainage, as more fully qepicted and described on the plat of subdivision; and WHEREAS, Lot 207 in Kensington Center Phase Three - A is encumbered by a certain Declaration of Industrial Standards '., . . . . . :"'.., . , , , . . ,. . ' , . nì And Protective Covenants, recorded as Document No. 25863145 (the "Declaration") executed by Opus as "Declarer", which provides in Article IX thereof: "Article IX. EASEMENTS. Declarer reserves for itself, its successors and assigns a permanent easement over, upon, across and under the easements shown on the plat of the Premises for the carrying of utilities, water or sewage and for the main- tenànce of such facilities, and Declarer is hereby given the power and authority to execute deeds or other necessary documents releasing or conveying such rights that it may deem advisable or necessary."; and WHEREAS, in connection with the development of Kensington Center, Opus and the Village have entered into a certain Annexation Agreement relating to various matters, including the maintenance of ponds in Kensington Center; and WHEREAS, Opus and the Village desire to make further agreements, as set forth herein, relating to the use and maintenance of the Detention Pond; and WHEREAS, Opus desires to grånt to the Village an easement relating to the Detention Pond, and the Village is willing to accept such easement and to perform certain obligatïons relating to the Detention Pond, as described herein. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and in consideration of other N OJ t,rt ~ (J) (# ~ ÇJ1 good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the following grants and agreements are made: 1. Opus hereby grants to the Village a perpetual, nonexclusive easement for the operation, maintenance, repair and replacement of the Detention Pond over, across, upon, under and through the Easement Area, to the extent that Opus - 2 - " .; ';: \: , ~ . . '~'.-.: :;' - .,' .'. '." ;-,-:, is the owner of the Easement Area or has the right to trans- ,,', fer or grant ri9hts in the Easement Area pursuant to the above-described documents, and subject to the provisions of paragraph 3 below. 2. To the extent that the Easement Area is located on the portion of Lot 207 in Kensington Center Phase Three - A shown as the access, storm, detention and drainage easement area on'the plat of subdivision of Kensington Center Phase Three: A, and to the extent that Opus has the right to assign easement rights in such area pursuant to the Declaration, Opus hereby assigns to the Village, on a nonexclusive basis, and subject to the provisions of paragraph 3 below, its rights and obligations, if any, relating to such area, including the right to use such portion of the Easement Area for the purposes and upon the terms set forth herein, and the Village hereby accepts such assignment of rights and obligations, if any, and agrees to be bound by and perform, trom and after the date hereof, the obliga~ions of Opus,. it any, relating to such portion òf the Easement Area. 3. It is not the intention of this Easement Agreement to grant to the Village all rights of O~us in and to the Easement '~ea-, nor to assign to the Village all rights of Opus in and under the Declaration, or the subdivi- sion and resubdivision plats described herein, and except , as necessary to permit the Village to exercise the rights I and perform the obligations granted to and assumed by the N OJ CJl ~ \!) """ ~ CJ1 Village hereunder, Opus shall continue to have the rights granted to or reserved by Opus under the Declaration and the subdivision and resubdivision plats described herein. 4. The Village hereby accepts the easement granted and assigned by this Agreement, and agrees that it will operate, 'maintain, repair and replace the Detention Pond as - 3 - '1 --,-,:' ~:' ~: ". "",",' , .: .'. , . a public improvement of the Village, for and during the duration of the grant of easement as described herein. . - 5. The responsibility of the Village for the operation, maintenance, repair and replacement of the Deten- tion Pond ,shall include, but not be limited to, responsibility for the following: (a) inlet and outlet facilities of the Detention Pond; (b) maintenance of the depth of the Detention Pond to an average depth of four feet, in accordance with design standards;, (c) water level control, inc},uding restriction of water level to a level as near as possible to the design water level elevation of 650.0 feet, and in no event above the design high water level elevation of 653.0 feet; (d) cleaning of the Detention Pond as necessary¡ and (e) main- tenance of the Detention Pond in a clean, safe operating condition. The Village will not be responsible for maintenance of the bank of the Detention Pond above the design high water level of the Detention Pond. The Village shall not use or occupy, by the placing of equipment or otherwise, any area of the Easement Area above the design high water level of the Detention Pond, withou't in each case the prior written consent of Opus, and of any owner of land on which the portion of the Easement Area proposed to be so used or .occupied is located, except, for the temporary use or occupancy of such area for the maintenance, repair or replacement of the Detention Pond. N (']i C)1 ~ aJ ~ ~ CJ1 6. The portions of lots in Kensington Center subdivisions which are encumbered by the easement granted and assigned herein include only those portions of such lots as are included within the easement for access" storm detention and drainage as shown on the plats of subdivision of Kensington Center. - 4 - .. , ' .. .~ . '. . .:""0:',°.:":°, " " IN WITNESS :~~~F; :::~~~? ~~rtie~:6~;~R~~?' have~}Ç,ÎFuted"; 17 )+0 this Agreement as of the day and year first above written. OPUS CORPORATION, authorized to transact business in Illinois as OPUS DESIGNERS, BUILDERS, DEVELOPERS, INC. Seal ~ By: Attest: By: THE VILLAGE OF MOUNT PROSPECT Corporate Seal By: I t ~ fe~ ¡:/~ ::~e~'l~ y Æ~ Its: tlIJ--J-AQ-e CLERk' THIS INSTRUMENT PREPARED BY AND MAIL TO: Christopher D. Murtaugh, Esq. Winston & Strawn Suite 5000 One First National Plaza Chicago, Illinois 60603 /1 it) t '~\ - 5 - ~b J t ~ ~" '>;,~, '.~ t~,,~, .è ,,' ',~ " 1:\ '? (jd (,II N~ ('d!f"~ "',) " C;~~ .,¡Ã CJl N a; t.n ~ CJ; Y"~ f"- ,~,"". . ' \ ,;' . . ,'I(" - . . ':. ", f',...""..¡, ¡;. j~ STATE OF MINNESOTA) ) SS COUNTY OF HENNEPIN) I, the undersigned, a Notary Public, in and for the Countÿand State aforesaid; DO HEREBY CERTIFY that Robert J.Dahlin , personally known to me to be the President of Opus Corporation, a Minnesota corporation, and James'L. Tucker, personally known to me to be the Secretary of said corporation, and personally knwon to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as ~uch President and Secretary, they signed and delivered the said instrument as President and , Secretary of said corporation, and caused the cor- porate seal.of said corporation to be affixed thereto, pursuant to authority given by the Board of Directors of said corporation, as their free and voluntary act, and as the free and voluntary act and deed of said corporation for the'uses and purposes therein set forth. Given under my hand and notarial seal, this 7th da~'i;;t~h~~f~9 83. ~AÆ¡'ift, ~ t My ccm:nisshC¡ e;'pires Jar" 31, 1987 My 'eonùñíšsTo-riEXpii e s : J an . 31 , 19 8 7 STATE OF ILLINOIS) ) SS COUNTY OF COO K ) I, _-K\'rY\ \ \ZGU \ , t,he upd,ersigneð., a notary public in and for the County and State aforesaid, do hereby certify that (' AQBUW'f\.) }-t.. \Ü~.At.A."'F personally known to me to be the þr¿F~<.,mf'"t\\T of the Village of Mount Prospect, a muni- cipal corporation, and c..A-~L f+ F1EL~ , personally' known to me to be the ~UE~~ of said municipal corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged as said '?~£&\OCII.JT and c..u:=¡eX. they executed said instI,"ument as 'þt'{t~II\)E~T and eJPrlt of said Village of Mount Prospect and caused the corporate seal of said, Village of Mount Prospect to be affixed thereon, pursuant to the authority given by the Board of Trustee of said Village of Mount Prospect as their free and voluntary act and as the free and voluntary act of said village for the uses and purposes therein set forth. N OJ c.l1 ~ t:JJ Ç.J ~! t:J\ Given under my hand and notaI."ial seal this ~ d a, , ..q,; "'oF; et'r\\}.,o,:< ~ , 1 9 1>~' . "'>'Pl<" \ ~'. ~~~~ Notary PUbl~ M~ COMMISSION EXPIRES JIJI,Y 8, 198~ :~ . .. . " . " ^.'. , '. . . . ' EXHIBIT A That part of the Northwest Quarter of Section 35, Township 42 North, Range 11 Eašt of the Third Principal Meridian, and that part of Kensington Center, Phase Two being a subdivision in part of said Northwest Qùarter, Recorded June .2, 1980 as Document No. 25472808, and that part of Kensington Center, Phase Three-A, being a subdivi- sion in part of said Northwest Quarter, Recorded May 4, 1981 as Document No. 25859082, described as follows: Beginning at a point in the East line of said Kensington Center, Phase Two as Recorded as Documept No. 25472808, which point is 11.97 feet North 0 degrees O;'Ominutes 14 seconds East or tbe Southeast corner of said subdivision; thence Northwesterly along a curved line, convex to the Southwest, having a radius of 110.48 feet, an arc distance of 60.68 reet, ths chord of said curved line bearing North 74 degrees'12 minutes 49 seconds West a distance of 59.92 feet to a point of compound curve; thence continuing Northwesterly and Northerly along a curved line, tangent to the last 'described curved line, convex ~~sterly, and having a radius of 176.0 feet, an arc distance of 25°.77 feet, the chord of said curved line bearing North 17 degrees ;9 minutes ;6 seconds West a distance of 2;0.09 feet; thence North 2; degrees °9 minutes 28 sec- onds East along a strai~ht line, tangent to the last deroribed curved line, a distance of 42.1~ feet; thence continuing Northerly along a curved line, convex to the East, tangent to the last described line, and having a radius ot 95.0 teet, an arc distance of 59.52 feet, the, cbord of said curved line bearing North 5 degrees 12 minutes ;9 seconds East, a distance of 58.55 feet to a point of compound curve; thence continuing Northwesterly along a curved line, convex to the Northeast, tangent to the last described curved line, and having a radius of 15°.77 feet, arc distance of 113.88 feet, the chord of said curved line bearing North )4 degrees 22 minutes ;4 seconds West, a distance of 111.19 feet to a point of reverse curve; thence continuing Northerly along a curved line, convex to the Southwest, and tangent to the last described curved line, and having a radius of 171.24 feet, an arc distance of 1~.16 feet, the chord of said curved.line bearing North;5 degrees 14 minutes ;2 seconds West a distance of 121.46 feet to a point of compound curve; thence continuing Northerly and Northeasterly along a curved line, tangent to the last described curved line, convex to the Northwest, having II radius of 139.22 feet, an arc distance of 15;.65 feet, the chord of said curved line bearing North 17 degrees 08 minutes 59 sec- onds East, a distance of ~5.97 feet to the Northwest corner of out lot 9 in Kens;ngton Cente~~ Phas~,Two;thence North 5P degrees, 11 minutes 41 seconds East along the Northwesterly line of said out lot 9, a dist- ance of 47.27 feet;, thence Eas~erly and Southerly along a curved line convex to the Northeast, having a radl~ of l12.19,teet, an arc distance of 295.36 feet, the chord of said curved line bearing South 44 degrees 47' minutes 22 seconds East a distance of 217.15 feet to a point of re~- crse curve; thence continuing Southerly and Easterly along a curved line convex to the Southwest, tangent to the last described curved line, and having a radius of 47.0 feet, an arc distance of 87.82 feet, the , chord of said curved line bearing South 22 degrees 5, minutes 55 sec- ~ onds East., a distance of 75.59 feet to a point of compound curve; thence rJ' continuing Southeasterly along a curved line, tangent to the last desc- r:J ribed line' convex to the South. having a radius of ,lS.6l feet an arc ~ distance of 125.;2 teet, the chord ot said curved line bearing åouth a 87 degrees 48 minutes 17 seconds East, a distance of 124.49 feet to a ~ point ot reverse curve; thence co~tinuing Southerly and South along a ~ curved. line, tangent to the last described curved line, convex to the C. East, having a rad1u.s ot 72 fee,t, an arc distaooë of 104.44 feet, the chord of said curved line bearing ~o~th ,; degrees 44 minutes 58 seco~ds East, a distano8 or 1;0.96 feet to, a'point 6f compound,curve; thence continuing Southwesterly &l'ong a curved line, tangent to the last deå- oribed. curved. line, ponvex to the Southeast, having Q radius of ,15.ð5 ~ .:, . ,~ , . .ç ".~,;; ""::,: ' - . " ,.- feet, &n arc distance of 115.04 feet, the chord of said curved l1n~ bearing .south 42 -degrees 08 minutes ;6 seconds West, a distance of" 114.40 feet to a point of reverse curve; thence continuing Southerly and South along a curved line, tangent to the last described curved line, convex to the West, having a radius of 5;.77 feet, an aro dist- ance of 88.,8 feet, the chord of saId curved line bearing South 5 degrees ;O'm1nutes 4, seconds East a distance of 78.16 feet to a point of reverse curve; thence continuing Southarly and Southwesterly along a curved line, tangent to the last described ourved.line, convex to the Southeast, having a radius of 115.0 feet, an arc distance of 264.20 feet, the chord of said curved line. bearing South 24 degrees 1.Ì1. min- utes 20 seconds West, ~ distance of 209081 feet; thence .south 88 deg- rees 28 minutes )4 s~conds West, a distance of 50.02 feet to the point of beginning, a part of the above-described property being also the easement for access, stor~ detention and drainage as shown on Lots 207 and 309 on the plat of subdivision of Kensington Center, Phase Three-A described above, all in Cook County, Illinois. DOCUMENT AND PLAT. N (JJ c.l1 ,þ t:J'. C,..j ~ CJ1 HAS BEEN MiCROF'lME6-0S 4 e', 2654 ." ~EE JAGKET' FILE No, '~ ,.....""" { .. ,,\, , ) ) ,.... ,..., , - . -' ~ r-'\ . 6\ ("'~S --/ , . ,-_..~,-_..--"'..~\ f7=:"\"~;J , .; a:¿) îJ' d& ç;?-~ C¡l? 3.~7-~?? ," '- -' , " ' .. -"--- ..-, --..",. DRAINAGE, RECREATION AND ACCESS EASEMENT AGREEMENT This Agreement is made this /7-1'" day of j)t!~Hf6t'Þ" 1982 by and between Opus Corporation, a Minnesota corporation, authorized to transact business in Illinois as Opus Designers, Builders, Developers, Inc., (formerly known as Rauenhorst Corporation ("Opus"), Alscor Investors Joint Venture, a joint venture ("Alscor"), American National Bank And Trust Company of Chicago, not personally, but solely as Trustee under a Trust Agreement dated the 10th day of February, 1979 and known as Trust No. 45771 (the "Trusteell), Northern Illinois Gas Company, an Illinois corporation ("NI-Gas") and the Village of Mount Prospect, an Illinois municipal corpora- tion (the "Village"), WIT N E SSE T H ---------- WHEREAS, Opus is the owner of various parcels of real estate which are located in Cook County, Illinois and included within various subdivisions and resubdivisions known as Kensington Center, according to the subdivisions and resubdivisions of Kensington Center recorded-in the Office of the Recorder o~ Deeds of Cook County, Illinois, or registered in the Office of the Registrar of Titles of Cook County, Illinois, or both, (such parcels are hereinafter called "Kensington Center"); and WHEREAS, Alscor is the owner of Lot 10 in Kensington Center Phase One, and Lot 109 in Kensington Center Phase Three-A (the "Alscor Property"), according to the plats of subdivision of Kensington Center Phase One and Kensington . , Center Phase Three-A recorded in the Office of the Recorder .. c of Deeds of Cook County, Illinois, and registered in the '-. Office of the Registrar of Titles of Cook County, Illinois; and vlHEREAS, the Trustee is the owner of certain real estate located in the North half of Section 35, Township 42 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois (the "Trustee's Property"); and WHEREAS, NI-Gas is the owner of the beneficial interest in the Trustee's Property; and WHEREAS, NI-Gas and Opus have entered into a certain agreement (the "Purchase: Agreement"), dated August 1, 1978, under which Opus obtained an option to purchase certain property from NI-Gas, including the Trustee's Pr.operty; and WHEREAS, Opus, the Trustee, NI-Gas and the Village have entered into a certain Annexation Agreement (the "Annexation Agreement") relating to the development, of Kensington Center and the Trustee's Property; and WHEREAS, in connection with the development of Kensington Center and the Trustee's Property, and in order to achieve the goals of the Annexation Agreement, the parties desire to execute this Agreement to grant certain easements .. and to make certain agreements relating to drainage areas and facilities, and recreational areas and facilities, on and serving the Alscor Property, Kensington Center and the Trustee's Property. NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration paid by each party to the others, the receipt and sufficiency of which are hereby acknowledged, the following grants and ~greements are made. - 2 - ., , _. ,- '. . .- ~- I. Agreements for Drainage Creek Easement 1. Opus hereby grants to the Village a non- exclusive easement for the operation, maintenance, repair and replacement of a storm water drainage system, including the existing drainage creek, and related and ancillary equipment and facilities, over, across, upon, under and through ,that portion of Kensington Center described on Exhibit A, attached hereto and made a part hereof. (The property described on Exhibit A is hereinafter called the "Drainage Creek Easement Area"). 2 . The Village agrees that it will use the Dr~inage Creek Easement Area for the operation, maintenance, repair and replacement of a storm water drainage system for the benefit of Kensington Center, and such other property as is presently served by Feehanville Creek, which is located ~n the Drainage Creek Easement Area, and for no other use or purpose. The drainage creek and related equipment and facilities shall be operated, maintained, repaired and replaced as a public improvement of the Village of Mount Prospect. The Village will maintain the Drainage Creek Easement Area in such .. manner as to assure the unobstructed flow of storm water through the Drainage Creek Easement Area, and to maintain the Drainage Creek Easement Area in a clean, healthful and sightly condition. 3. The parties acknowledge that the Drainage Creek Easement Area provides substantial aesthetic and economic value to Kensington Center and surrounding properties, and the parties intend to maintain the Drainage Creek Easement . - 3 - - -- , - ::'.", -,- n f '-. Area in its present state to the extent possible consistent with the drainage requirements described herein. The parties agree that the Village will not regrade the Drainage Creek Easement Area, or construct or install additional equipment therein, or remove vegetation therefrom (except routine and minor trimming), without in each case the prior written consent of Opus. Except as required by an emergency, the Village will give Opus notice of its intent to perform maintenance, repair or replacement activities in the Drainage Creek Easement Area at least two business days prior to the performance of such activities, and a representative of Opus shall be permitted to accompany the Village's repre- sentatives at any ,time the Village's representatives are conducting activities in the Drainage Creek Easement Area. 4. The parties expect that in connection with the development of Kensington Center and the Trustee's Property, additional areas will be added to the Drainage Creek Easement Area. The parties agree that additional areas may be added to the Drainage Creek Easement Area, and become subject to the terms hereof, by a supplement to this Agreement, executed by the Village and the owner of such property to be added to the Drainage Creek Easement Area, which refers to this ~greement and is recorded in the Office of the Recorder of Deeds, or registered in the Office of the Registrar of Titles, as appropriate. 5. The duration of the easement granted hereby in the Drainage Creek Easement Area shall be perpetual, provided however, that the easement may be terminated by Opus at such time as the Drainage Creek Easement Area is no longer used for the prainage purposes described herein, or if the Village fails - 4 - , :" ' .. ' - - iI' -, -: .. ~ , !~ to perform its obligations hereunder, and such failure continues for more than 30 days after notice of such failure -~ is given to the Village. The right to terminate the easement shall not constitute the sole or exclusive remedy available for ,breach of obligations hereunder, and Opus shall also be entitled to any other remedies available for such breach in law or equity, including, but not limited to, damages or injunctìve relief. II. Agreements For Jogging Path And Recreational Area Easement 1. Opus hereby grants to the Village a non- exclusive easement for operation, maintenance, repair and replacement of a jogging path, and other recreational uses as described herein, over, upon and across that portion of Kensington Center described on Exhibit B, attached hereto and made a part hereof. Alscor hereby grants to the Village a nonexclusive easement for operation, maintenance, repair and replacement of a jogging path, and other recreational uses as described herein, over, upon and across that portion of the Alscor Property described Oh Exhibit C, attached hereto and made a part hereof. The Trustee hereby grants to the Village a nonexclusive easement for operation, maintenance, Ie repair and replacement of a jogging path, and other recreational uses as described herein, over, upon and across that portion of the Trustee's Property-described on Exhibit D, attached .hereto and made a pàrt hereof (the property described on Exhibits B, C and D is her~inafter called the "Recreational Easement Area"), and grants to Opus an easement for the con- struction of a jogging path, as described below, on such portion of the Trustee's Property, together with an easement . for temporary acces~ over other portions of the Trustee's Property as is reasonably necessary for construction of the jogging path. - 5 - , , > '. - .;. :' do. - 2. Opus agrees to construct a jogging path within the Recreational Easement Area, generally in accordance with the description of the jogging path construction in the Annexation Agreement, and generally in a~cordance with plans entitled Feehanville Creek Jogging Path, prepared by Opus Designers, Builders, Developers, Inc., dated June 29,1982. Such construction shall be in accordance with a schedule developed by Opus, and shall be based generally upon the schedule for the development of the lots on which the Recreational Area Easement is located. The Village acknowledges that the construction of the jogging path in accordance with this Agreement, and the grant of the easement in the Recreational Easement Area as described herein, will satisfy the require- ments of Section 17D of the Annexation Agreement, and will constitute the performance of the obligations of Opus there- under. 3. Upon completion of construction of the jogging path the Village will maintain the jogging path and related and ancillary equipment as a public improvement of the Village, and will be responsible for maintenance, repair and replacement as necessary to maintain the jogging path and other equipment and improvements in the Recreational Easement Area in a serviceable, clean and sightly condit~on. The Village will be responsible for cleaning and removal of trash from the Recreational Easement Area, and for the security of persons and property in and about the Recreational Easement Area. The Village will restrict access to and use -. of the Recreational Easement Area during such times as is appropriate to protect the security of persons and pro~erty in the areas in which the Recreational Easement Area is located. . 4. The Village may use the Recreational Easement Area for the benefit of the general public for jogging and - 6 - . - - other recreational purposes consistent with jogging use, but shall not permit the Recreational Easement Area to be used -- for the operation of motorized vehicles or other uses which are inconsistent with use as a jogging area. In the event of a dispute between the parties as to whether a use is permitted hereunder, the decision of Opus, with regard to the portion of the Recreational Easement Area located in - ~ ... Kensington Center or the Alscor Property, and the decision of the Trustee, with regard to the portion of the Recreational Easement Area located on the Trustee's Property, shall control. 5. The owners of the property on which the Recreational Easement Area is located, and Opus, with regard to the portions of the Recreational Easement Area located in Kensington Center, may grant other easements in the Recreational Easement Area, and may use the Recreational Easement Area for other purposes, provided such other easements or uses are not inconsistent with the use of the Recreational Easement Area as described herein, and may relocate the Recreational Easement Area, in accordance with the provisions of paragraph 17D of the Annexation Agreement (whether such relocation occurs during or after the expiration of the term of the Annexation Agreement). '" 6. The parties expect that in connection with the development of Kensington Center and the Trustee's Property additional areas will be added to the Recreational Easement Area. The parties agree that additional areas may be added to the Recreational Easement Area, and become subject to the terms hereof, by a supplement to this Agreement, executed by the Village and the owner of such property to be added to the Recreational Easement Area, which refers to this Agree- 'ment and is recorded in the Office of the Recorder of Deeds, or registered in the Office of the Registrar of Titles, as appropriate. - 7 - .-:"".. - , :' , .. 7. The duration of the easement granted hereby in -~, the Recreational Easement Area shall be perpetual, provided however, that the easement may be terminated by Opus, with regard to the portion of the Recreational Easement Area located in Kensington Center, by Alscor, with regard to the portion of the Recreational Easement Area located on the Alscor Property, and by the Trustee, with regard to the portion of the Recreational Easement Area located on the Trustee's Property, at such time as the Recreational Easement Area is no longer used for the recreational purposes described herein, or if the Village fails to perform its obligations hereunder, and such failure continues for more than 30 days after notice of such failure is given to the Village. The right to terminate the easement shall not constitute thë sole or exclusive remedy available for breach of obligations hereunder, and Opus, Alscor or the Trustee shall also be entitled to any other remedies available for such breach in law or equity, including, but not limited to, damages or' injunctive relief. III. Agreements For Access Easements 1. Opus hereby grants to the Village a non- exclusive easement over, across and upon the areas described on Exhibit E, attached hereto and made a part hereof (the "Access Easement Areas") for the purpose of providing access to the Drainage Creek Easement Area and the Recreational Easement Area. 2. The Village shall use the Access Easement Areas solely for access to the Drainage Creek Easement Area and the Recreational Easement Area and the transportation of personnel and equipment between a public right of way and . the Drainage Creek Easement Area and the Recreational Easement Area, and for no other use or purpose. - 8 - - - ' 3. Opus shall have the right to relocate the ~ Access Easement Areas within any lot in Kensington Center to another portion of such lot by recording or registering, as appropriate, an Amendment of this Easement Agreement to effect such relocation. 4. The Alscor Property and lots 302A, 302C, 302D, 303 305, 307, 309, 310B, 310C, 310D and Outlot 1 in Kensington Center presently abut the Drainage Creek Easement Area or the Recreational Easement Area. The Access Easement Areas described on Exhibit E are located on Lot 307. No portion of the Access Easement Areas is located on Lot 305, and no portion of the Access Easement Areas shall be located on Lot 305. Opus agrees that as additional lots are added to Kensington Center which abut, on the Drainage Cree~ Easement Area or the Recreational Easement Area, it will consult with the Village with regard to adding areas to the Access Easement Areas. The parties agree that additional areas may be added to the Access Easement Areas, and become subject to the terms hereof, by a supplement to this Agreement, executed by the Village and the owner of such property to be added to the Access Easement Areas, which refers to this Agreement and is recorded in'the Office 6f the Recorder of Deeds, or registered in the Office of the Registrar of Titles, as appropriate. ~ 5. The Access Easement Areas shall remain unobstructed, and improvements shall not be constructed thereon, except that the Access Easement Areas may be used for driveways and parking areas and related improvem~nts, including lighting, curbing and landscaping. The Village shall not use the Access Easement Areas in such manner or with such equipment as will result in damage to the Access Easement Areas, and 'will promptly repair and resto~e any damage caused by the use of the Access Easement Areas by the Village or its - 9 - - -~,~ ' .' "" "" . representatives or agents, including any damage to improve- - ments or landscaping, 6. The easements granted hereby, over, across and upon the Access Easement Areas shall terminate at such time as the herein granted easements to the Village over the Drainage Creek Easement;Area and the Recreational Easement Area terminate. IV. Agreements Relating to the Use of the Trustee's Propert~ 1. Opus will pay all costs for construction of improvements to be constructed by Opus on the Trustee's Property, and will keep the Trustee's Property free from claims of mechanics or materialmen. Upon completion of" construction, Opus will, upon request of the Trustee or NI- Gas, deliver evidence of payment in full of costs of con- struction. 2. Opus and the Village shall construct and operate facilities on the Trustee's Property in such manner that the construction and operati,on, !=:halJ, not, in the reason- able judgment of NI-Gas, cause substantial interference with the utility operation of NI-Gas on the Trustee's Property. 3. Prior to the commencement of construction of any improvements by Opus on the Trustee's Property, Opus will provide to NI-Gas evidence of insurance in force and effect with coverages, companies, and amounts reasonably satisfactory to NI-Gas~ For the purposes hereof, liability insurance having single limit coverage of $1,000,000.00 or more shall be satisfactory to NI-Gas. 4. Opus may finance the design, construction, and installation of facilities on the Trustee's Property by . means of an Improvement Mortgage (as defined in the Purchase Agreement) under the conditions set forth in the Purchase Agreement. - 10 - , - ". n 5. Any portion of the Trustee's Property which is '. conveyed to Opus and included within a subdivision or resubdivision of Kensington Center shall, from and after the date of recordation or registration of such subdivision or resubdivision, constitute a part of Kensington Center for purposes of this Agreement, and shall no longer constitute a part of the Trustee's Property. v. General Provisions 1. Subject to the provisions set forth below in this paragraph, all provisions of this Agreement are binding upon and inure to the benefit of the successors and assigns of thè parties hereto. Whenever a transfer occurs of owner- s~ip of a portion'of Kensington Center, the Alscor Property - or the Trustee's Property, or of the easements herein granted, the transferror shall have no further liability for breach of covenant occurring thereafter as to such land or easement which has been transferred. Notwithstanding any transfer or conveyance of a portion of the Alscor Property by Alscor, or of Kensington Center by Opus, the rights to terminate the easements, to exercise remedies for breach, or to, exercise other rights under this Easement Agreement as the owner of the Alscor Property or Kensington Center shall be held and exercisable only by Alscor or Opus, respectively, unless Alscor or Opus, as the ca&e may be, shall specifically assign such rights by an assignment recorded in the Office . . of the Recorder of Deeds of Cook County, Illinois, or registered in the Office of the Registrar of Titles of Cook County, Illinois, as appropriate. Further, notwithstanding any transfer or conveyance of a portion of the Alscor 'Property by Alscor, or of Kensington Center by Opus, the right reserved herein to relocate any easement granted hereby on - 11 - ~ :"00;' n, the Alscor Property or on Kensington Center may be exercised -~ only with the prior written consent of Opus. 2. All notices given by one party to another hereunder shall be in writing and may be served personally or mailed Certified Mail, Return Receipt Requested. Notices shall be sent to the following addresses: If to Opus: Opus Corporation 800 Opus Center 9900 Bren Road East Minnetonka, Minnesota 55343 Attn: Legal Department If to Alscor: Alscor Investors Joint Venture c/o Opus Corporation 800 Opus Center J S-í) 0 Bren Road East Minnetonka, Minnesota 55343 Attn: Legal Department If to Trustee: American National Bank & Trust Of Chicago, Trust No. 45771 33 North LaSalle Street Chicago, Illinois Attn: Land Trust Department Company If to NI-Gas Northern Illinois Gas Company P. O. Box 190 Aurora, Illinois 60507 Attn: Mr. C. O. Becker .. If to the Village: The Village of Mount Prospect 100 South Emerson Mount Prospect, Illinois 60056 Attn: Village Manager Notices shall be deemed given whe~,delivered, if delivered personally, or when mailed, if mailed Certified Mail, Return Receipt Requested. Any party may change the address for notices to it by a notice given as described herein. 3. The references in this Agreement to the possibility of future or additional grants of easement, - 12 - , .- ::7'... or additions to the easements granted herein, shall not con- stitute or effect easements by implication or obligations to ~- grant further or additional easements, and no such further or additional easements shall exist unless granted as provided herein. 4. As recited hereinabove, the easements granted -- herein are nonexclusive easements; however, Opus, Alscor, the Trustee and NI-Gas agree that the rights retained by such parties in the easement areas shall not be used in such manner as to materially interfere with the rights granted to the Village in this Agreement or the performance by the Village of its obligations under this Agreement. 5. This Agreement is executed by American National Bank And Trust Company of Chicago, not personally, but solely as Trustee as aforesaid, in the exercise of the power and authority conferred upon and vested in it as such Trustee. All agreements and covenants of the Trustee are undertaken by it solely as Trustee as aforesaid, and not individuall~1 and no personal liability shall be asserted against American National Bank And Trust Company of Chicago by reason of any of the terms or provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Easement Agreement as of the date and year f~rst above written. 5 EÞ.L OPUS CORPORATION, authorized to transact business in IllinQis as OPUS DESIGNERS, BUIWERS, DE~LOPERS~ ~ By: .4 - ~ttest: ~//, By: (-L2J{ji/' w/~J ItS:~ - 13 - -- SEAL Attest: By: Its: SEAL Attest: ø~o /~,~ ;'",Y\. ,/ - ~¡SMi¡I,:;(i.ÆtrA~l - "'<4 ,..-- By: Its: SEAL Attest: By: - :~)/ ~<~~ , "- ~'I ts: . - Assist.;l: é:"", "-'f SEAL Attest:;? -1r-!' By: £/0 l/-J?, l' ,~-; e ('¡';{P Its: ¡)¡).I¡)(}Ç Cìj,t:..It( . .. ".. ALSCOR INVESTORS JOINT VENTURE By: Opus Corporation, authorized to transact business in Illinois as Opus Designers, Builders, Developers, Inc., Managing Joint Venturer By: i£ . ~') ,- ,U~ Its : ~SmlN¡ AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, not personally but solely as Trustee as aforesaid By: ~~~~ Its r /' 1ST Or=r=IC'.F'R, . NORTHERN ILLINOIS GAS COMPANY By: ~ f}1iIL~ Its: "1\:9 Pro,,'; r1ont' and Treasurer \0 THE VILLAGE OF MOUNT PROSPECT By: /i?? U L ,(:-r.éJ.~'f..,-r.. /./ Mf':ü..~ ~ts: 0" )." ,.~ fl":':.o! Uf::'/ , - 14 - STATE OF MINNESOTA) ) COUNTY OF HENNEPIN) SS ~ I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that Gene Haugland, personally known to me to be the President- Real Estate Division of Opus Corporation, a Minnesota cor- poration, and James L. Tucker, personally known to me to be the Secretary of said corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such President- Real Estate Division and Secretary, they signed and delivered the said instrument as President-Real Estate Division and Secretary of said corporation, and caused the corporate seal of said corporation to be affixed thereto, pursuant to author- ity given by the Board of Directors of said corporation, as their free and voluhtary act, and as the free and voluntary act and deed of said corporation for the uses and purposes therein set forth. Given under my day of December 1982. j~.;,~ d/iJif c!t'(, cScfmi!z .".-jt;. f'¡O¡A~Y, rt.,'"lIc - /',I":,¿:C!A ...., ~ HRJ~!;:?IN COUNTY My ,ommission expires Jon, 31, 1987 hand and notarial seal, this 17th My Commission Expires: Q. ,,11 ~1, LJí!~ (;/ o,ary 'Public January 31, 1987 STATE OF MINNESOTA ) ) SS ) COUNTY OF HENNEPIN I, the undersig~ed, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY, that ~~t J. Dahlin pe~sonally known to me to be the President of Opus Corpor~tioil, trie managing joint venturer of Alscor Investors Joint Venture and James L. Tucker personally known to me to be the Secretary of said corporation, and personally known to me to be the same persons ~hose names are subscribed to the foregoing instr~ment, appeared before me this ~ay in person and severally acknowledged that as such President and Secretary, they signed and deli\7ered the said instruIílent as President and Secretary of said corporation, and caused the corporate seal of said corporation to be affixed thereto, pursuant to authority, given by the Board of Directors of said corpora- tion as their free and voluntary act, and as the free and voluntary act and deed of Alscor Investors Joint Venture, .t= . " Lor the uses and purposes thereln set forth. Given under my hand day of December, 19 ,82, - '.-........:.= 1 '\- ",.~:"" ~ -:;r :J: cJ11.P ~;;!;'m II ¡ ~t.. J "'.',r'A -;::~L:~ NO~<;~~;~'i~ ë~CNTY" . " Jon 31, \f8l My commis"on expires ' 'My Commission Êxpires: and official seal, this 29th Jan,. 31, 1987 .' ., -- 9/14/82 Opus EASEMENT DESCRIPTIONS FOR DRAINAGE CREEK AREA IN KENSINGTON CENTER~"MOUNT PROSPECT~ ILLINOIS. EXHIBIT "All Those parts or various subdivisions lying in part or the North halr or Section 35~ Township 42.North~ Range 11, East or the Third Principal Meridian, being that part of Kðnsington Center- Phase Three- A~ a subdivision in part 01: said North ~ or Section 35,'recorded May 4,1981, as document #25859082; and that part of Kensington Center - Resubdivision VIII, in part or said North half~ recorded Juno 22,1982, as document #26268098, aDd also that part of Kensington Center - Phase Three - B~ s. subdivision in part ot said North halt recorded Noveml:er 17, 1982 as document #26415042 all in Cook County, nlinoi~, described as follows: ., ,,' - " , t~ & & "& &. &. £. . . ; . .. 8;25 The Southeasterly 45.0 .feet (as mèasured perpendicU:lar to the Southeasterly line thereo.f) ot Lot ;09 in the aforesaid Kensi~ton Center - Phase Three - A, together with the East- orly 60.0 feet (as measured perpendicular to the Northeast- erly line thereo.f) of said Lot 309 lying Northwesterly ot the aforesaid Southeasterly 45.0 .feet of said Lot, and lying Southerly or the Southerly line of the easement for access~ storm detention pond, and drainage as shown on the Plat of said subdivision. ' The Northwesterly 40.0 teat (as measured perpendicular to the Northwesterly line thereot) ot Lot ;07 in the aforesaid Kensington Center - Resubdivision VIII. The Northwesterly 45.0 .feet (as measured perpendicular to the Northwesterly line thereat) ot Lot 305 in the aforesaid" Kensington Center - Resubdivision VIII. That part ot Lot 303 in the atoresaid Kensington Center - Re- subdivision VIII, lying Northwesterly ot the following des- , cribed line: Beginning at s. point ~n the Southwesterly line at said Lot 303 which is 45.0 reot Southeasterly o.f the North- west corner of said Lot 303; thence Northeasterly. a distance of 155.0 teet to s. point 60.0 teet Southeaster11 (as measured perpendicular to the Northwesterly line thereor) ot the North- westerly line ot said Lot ;03; thence Northeasterly. parallel with the Northwesterly line of said Lot, to the Northðasterly line ot said Lot 303. That part of Out Lot 1 in the atoresaid Kensington Center - Phase Three - A, lying Northwesterly ot the tollowing des- cribed line: Beginning at a point in the Westerly line of . said Out Lot L which is 60.0 teet'Southeasterly ot.the.North- WGst corner thereot; thence Northeasterly~ parallel with the Northwesterly line of said Out Lot, a distance of 46.22 feet; thence Easter1y~ a distance or 40.51 .feet to a point in the East line ot said Out Lot 1 which is 82.93 teet South ot the most Northerly corner ot said -Out Lot 1. The Southeasterly 40.0 .feet (as measured pe~endicular to the Southaasterly lines thereot) ot Lots ;02-C and 302-D in the a.1"oresaid Kensington Center - Phase Three - B subdivision to- gether with the Northwesterly 10 teet of the Southeasterly 50.0 teet of the Westerly 50.0 teet (as 'measured perpendio- ular to the Southeasterly and Westerly lines thereot) of said Lot 302-D. \ . '., - . . , ,- n! " ' , -.--' ' 9/14/82 Opus EA3EMEN2 DESCRIPTIONS POR RECREATIONAL AREA IH KENSINGTON CENTER; MOUNT PROSPECT, ILLINOIS. EXHIBIT "B" ~- t' Tha:t part or Kensington Center - .Phase Three - A, being a sub- division in part ot the North hal£ ot Section 35, Township 42 Nortb., Range 11, East of tho Third Principal Meridian, recorded May 4, 1981, as dooume.nt #25859082; alao,that part or Kensington Center - Resubdi vi.:aion VII or Lot 310 in the at"oreaaid Kenaington Center - Phase Threð - A, recorded November 25, 1981, as document #26070422, also, that part of Kensington Center - Resubdivi.sion VIII of part o~ ~oresaid Kensington Center - Phase ~e - A¡rec- orded June 22,1982, as document #26268098, and also, that part of KenaiZ2gton Center - Phase Three - B, be1Z2g a 8ubdiv13ion in part or the Northwes t quarter of s aid Section 35 I reo orded Novenber 17, 1982 as document # 26415042 aJ.l in Cook COunt'll D.J.1nois, described as tallows-:, ~ All that part of Lot 310-D in aforesaid Kensington Center V Resubdivlsion VII lying Southwe::sterly ot a curved line. ' convex to the Sou t.~Vlest, having s. radiu.s at 110.0 .feet, said curved line dr9.wn ,trom a point in the North. line at said Lot 310-D which 1s 15.0 .feet East or the Northwe3t corner or said Lot to a l?oint in the East line or said Lot which is a dist~nce o.f 1&.67 teet North ot the Southeast cor- - ner of said Lo't. @ The Southeasterl~r 15.0 teet (as measured perpendi'cular to the Sou t:"le2.st.9rly line thsreof) of Lot 310-0 in afore- said Kensing;o~ Center Re3ubdivision VII. ' f5) That part of the Northwest9rly 40.0 teet (as -measured per~- \:/ pendicular to the Northu9sterly line thereof) of Lot ;07. ~n the aforegaid Kensi~gton Center Resubdivision VIII, l7ing Nesterly or a line drawn perpendicular to said Northwesterlj line of Lot 307 trom a point in said Northwesterly line vlhich 1s 33.0 tee t Northeasterly of: the most Westerly' corner ot said Lot 307. , ., .' . ; @ The SouthsQS terly 45.0 teet (as measured per pend1cu.lar to the Sou thea.s terl¡ line thereof') or Lot 309 in tœ a.f'ore s aid Kensington Center-Phase Three-A, together with'the E~sterly 60.0 teet (as measured perpendicular to the Northeasterly line or said Lot) of said Lot 309 lying Northwesterly of: the aforesaid Souths3.sterly 45.0 feet of sa! d Lot, and lying Southerly of the Southor]y line of t.'1a Cd3ez::ent i'or access, storm de~enc!on pond and drainage as sho~ on plat of said Subd.1 vis19n, and also together with the Easterly ;0.0 feet (as measured perpendicular to tm Northeaster ly line or s aid lot), of said Lot 309 lying Northwesterl y of the Southerly line of: s~.d pond eC\.3etœ nt and lyine; Solt heA.sterly oJ: 0. l~r;e drawn 25.0 feet North~e3terly or and concentric with the, Southerly line or said pond easement. . - -:".. 8~2~ ." .' 9/11+/82 opus ~- EASEMENT DESCRIPTIONS FOR RECREATIONAL AREA IN ICBNSDlGTON CENTER, MOUNT PROSPECT, ILLINOI8. EXHIBIT "BU oont.... " ~ That part oJ: Lot 302-A in the aforeaaid Kðnaington Center - ~ Phase Three - B Subdivision. described. as tollow3; A strip of land, 25 J:eet 1n width, by normal and rad1s.l measurement, lying Southerly and Southwesterly ot the irregula~ straight and curved Northerly and Northeasterly easemont line tor det- ention pond des~gnat~d'-8 IIEU,on tbð plat of aa1d.Suþdivi.,.,on, said easement line being also tho Northerly and Northeasterly irregular straight and curved linea ot la1d 25 root wide strip of land, the ~ortherly &nd ot said strip being bounded by the Westerly line ot said Lot 302-A, and the, Southerly ond ot said strip being bounded. by the Southeastorl¡l1ne ot said Lot ,;O2-A. . Ala 0, r:{i;\ That part 01: Lot 302-D 1n the dore4$,1d. Kena1118ton Center- ~ Phase Three - B Subdivision, described &s tollows;, A strip ot land, 25 teet in width, 'bY' radial measurement, lying North- westerly ot the irregular curved Southeasterly easement line for detention pond designated as wE" on the plat ot said Sub- division, said easement line being 4180 the Southeaatðrly1r- regular curved line ot said 25 toot wide strip-of land, the NortheI'ly end ot said, strip 'being bounded by the NoI'thwesterly Une ot'said Ló't 302-D, and tha. ~Otlt.h.e¡l:1 end ot aud strip ", being bounded bY' the Westerly line 01: said Lot 302-D. Alao, ~ Tbß Southeasterly 40 toot ot the Westerly 75.teot, together ~ with the Northwesterly 10 teet of: tho Southðastor11 50 teet of: the Wester17 50 f:oe1; (8.8 measured. porpocd1oular to ~he SoutheasterlY' and Westerly lines thereof:) of the atoroaa1d Lot ;O2-D. . , I' . - ..~ \ . " Q~')c:: 1..,).... '- 1 9/14/b2 Opus ," .' ',- ,; ,/ \ . '. ~ EASEMGNT DESCRIPTIONS FOR RECREATIOUAL AREA IN KENSINGTON CENTERþ MOUNT PROSPECT ~ ILLI110I3 EXHIBIT "Bit cont.... @ The Northwesterly 45,0 reet (as measured pe1:"pend1cula1:" to the Northwes terly line tœ reo!') ot: Lot 305 in the a1"oresa.id Kensington Center ResubdiV1sion VIII. ~. ~ That part or Lot 303 in arorea~d Kenalngron Center R8S~dlvis1on ~ VIII ~1~ No~hwe.terly of tœ follomn3 ~.crlbed line: Beginning at a poi:lt in the Southwest~lJ line of said Lot 303 which is a dista:lce or 45.0 reet Southeasterly or the !iorth"'/est corn~r of: said Lot 303; tr..ence Nortileasterly, a dist- ance 01".155.0 feet to a point 60.0 fe~t Southeasterly (me~s- ured perpendi cul!lr) of th", }:orthwe3t~r J.y line or said. Lot 303 i ::hence Northea.sterly parallel with t:¡e Uor'thwesterly line of s aid Lot 303 t 0 ~he Nortr. p..as tP..r ly line of: s aid Lot 30j. ~ That part o~ Out Lot 1 in the aroresaid Kensington Center ~ Ph~se Three-A S~bdivision~ lying Northwesterly of the rollow- 1ng descr1 bed line: Beginnine; at a po int in the V:.....s tE'".ly lir.e 0:: sRid Out Lot 1 which is 60.0 .f~et Southeasterly of the' Northwest corner thereor¡ the:lce Northeaster1yþ parallel with the Northwesterly line o.f said Out Lot'l, a distance of 46.22 feet¡ thence Easter1y~ a distance of 40.51 .feet to a point in the East line of said Out Lot 1 which is 82.93 teet South o.f the most northerly corner o.f said Out Lot 1. ALSO: IÍO\ A strip oJ: land 25.0 J:eet in Width. extending. in a Northsrly. ~ and Southerly d1~ection in part o.f the East portion ot said Out Lot l~ said strip being 12.5 .feet, by normal measuret1ent, each side of the center 'line o.f said strip, and said strip be ins bounded on the South by the Southerly line or said Out Lo t l~ and bounded on the North by the North line o.f said Out Lot 1, said center line being described as i'ollo\vs: Beg- innix:¡g at a point in the Southerl y line o.f said Out Lot 1 which'is a distance or 12.54 .feet Southwest 01: the Southeast corner or said Out Lot 1; thðœe'lJorth 17 degrees 02 r:li.nutes 10 seconds West a di,stance or 55.26 feet¡ tœ nce northerlY' DJ.ong a curved line, convex to the West, having n radiu3 ci.-:' 415.50 feet, an arc distance or 181.75 feet, tœ chord of ' 3aid arc bearing Nor th 0 degrees 05 IllinU t~s 09 seconds Ea,3 t~ 180.31 reet to a point in the North line oJ: said Out Let 1 which1s 27.43 teet "We3t" of the Northeast corner o.f said Out Lot lr tosether with all that part of said Out Lot 1 lying . Southeasterly of a line drawn,perpendicular. to the So,uth\lðster1y line of: said 'Out Lot 1 from a point in said Southwesterly line which is 70 f'eet Northwe3terly ot the Southwð3t corndr of said Out Lot 1 and lying We3torly of tho Wòsterly line of the sfore- 3aid 25 foot wide strip of land. -., ,.. ¡"'; ...,,- - -I' ~ . þ 9/14/82 opus , : -- EASEMENT DESCRIPTIONS FOR RECREATIONAL AREA IN KENSINGTON CEliTER, MOUNT PROSPECT, ILLDlOIS. . "Bit ' , EXHIBIT cont. . . . .,' f1';\ That part o~ Lot ;02-C in the &.tor.said KðnaiDgton Center - ~ Phase Three - B, described a8 ~ollowsl Beginning at thð Southeast cornðr o~ said Lot ;02-0; thence North along the East lino ot: aaid Lot, & distance o~ 264.6; teet to a point 25 teet North ot the SoutherlI curved èaaement line tor de- tention pond designated as tiE on the plat o~ .aid Subd.1viaioIlJ thence Northwesterly along a curvod line, conaentric with said curved. pond easement line, having & radius ~ 59 t:8et, an arc d.1atanoe ot 31.29 ~eet the chord o~ aaid arc bearing North 75 degrees 56 minutes 4~ seconds West, ;0.93 teet to a line drawn ;0 toot West ot and parallel with tho East line ot said Lot ;02-0; thence South aJ.ong aaid parallel line, a distance' ot-50.53 toeti thence Easterly along a curved line, concentric with said pond. easðmen1; line, having a re.d.1us ot "106 teet, an arc distance ot 20.;6 toetl the chord ot said arc bearing South 79 degrees 43 m.1nutes ;1 seconds East, 20.;; teet to a line drawn 10 teet West ot and parallel with th& East line or said 'Lot ;02-0- thence South along said' parallelline a distance ot 17å.32 teet; thence South 6; degrees 47m1nutes West along a line drawn parallel with tha Southeasterly line ot said Lot ;02-C, a distance 01" ';~55 foeti thence Southe8.3terly, perpendicular to the last des- cribed line a distance ot 40 teet to the Southeasterly li~o ot said Lot 302-0; thence Northeasterly along the Southeast- erly line ot said Lot, a dia tanae ot 25 teet to the point ot: beginning. Also, nî\ The East 20 teet ot tho iortherl:r 25 teet (as measured per- '2 pendiouJ.ar to the 11:a8 t and. :Northerl,. lines thereot) ot Lot 302-B in the atoresaid Kensington Center - Phase Throe - B Subd.1 vision. " " - , . "-' .- ---.._, -..-- ""'-. ,- -. . . . . ,. ,. - -' -,. 0 / , .0 '- , 8325 -- 0 ." 0 .:.7H. ' 8:;;21:) 1\. . ," i 9/14/82 ÅJ.8oor EASEUEH~ DESORIPTIONS POR RECREA~IONAL AREA I~ KENSDlGTON CENTER, MOUNT PROSPECT, ItLINOIS. '. . , EXHIBIT "e" That part .o~ Lot 109 in Konaington Centor - Pbaae' rrbree - A Subd1 v1~ion, being a subd1 vision in part o~ the }lortb.wea't quarter and .the Northeast quarter ot So4tion 35, Township 42 North, RaD.ße 1.1 East ot the Third Principal Meridian, recorded May 4, 19~1, as document #25859082, in Cook County, nlinois, described as :tollows: BeginDing at the Southwest corner o:t aaid Lot 109; thence North 51 degrees 00 minutes 11 seconds East, a distance ot 114.28 teet; thence South 89 degrees 56 minutes 46 seconds East, a distance ot 18000' teet; thence South 0 degrees 03 minutes 14 seconds West. a distance o:t 72.0 :teet to the Soutn ~ine ot said Lot 109; thence South 89 degrees 56 minutes 46 seconds East along said South line, a distance o:t 10.0 teet; thence North 0 degrees 03~'minutes 14 seconds East, a distance ot 82.0 :teet; thence North 89 degrees 56 minutes 46 seconds West, a distance of 209.42 reet; thence South 51 degrees 00 minutes 11 seconds West. a distance ot 28.79 reet; thence North 89 degrees 56 minutes 46 seconds West, a distance ot 43.22 teet to the point ot curve in the West line ot said Lot 109; tqence Southerly along the curved Westerly line ot said Lot 109. en arc distance ot 64.0 feet to tho point ot beg11U'l1Dg. Also, . , The East 10.0 feet o:t the North 45.0 teet or Lot 10 in Kensington Center - Phase One Subdivision, being a sub- division in the East ha1.t or Section 34. Township 42 North, Range ll, East or the Th:1rd Pr1nai~1 }Ierid1an~ and the West halt of Section ,5, Township 42 Horth, Range 11, East of the Third Principal Meridian, recorded October 2, 1979~ as document #2517"ó2~ aU in Cook Count,., Il.l1no1s. . - ! .' ~ '~- t' ~ -, '.. 3325 n , :t/14/d¿ Trustee .. .. EASE1rlEN'!' DESCRIPTIONS FOR RECREATIOUAL AREA IN KENSnWTON CENTER~ MOU11T PROSPECT ~ ILLINOIS. EXHIBIT "DIf That part or the Northwest qUArter and the Northeast qua~er or Section 35, Townslúp 42 North, Range 11, East or the Third Principal Meridian lying East or Kensington Center - Phase Three - A and Kensington Center - Phase Three - B, Þøing subdivisions in part or the North halr oJ: the aforesaid Section 35 recorded May 4,1981, as doc- ument #25859082 and Novanbei:' 17, 1982 as doc.I¡2641S042 . respectively ~ all in Coole County, Illinois, described as :tollows: '. , fÍÌ\ That part' of: the af:oresaid UorthVte3t quarter and the North- \.Y east quarter of Section 35, describ~d as follows: A strip or land 25 J:eet in width, lying on the Northeasterly side of an existing storm detention pond, bounded on its Northerly end by the East line of Out Lo t 1 in a..!'ores aid Kensington Center-Phase Three-A, (a3 said East line extend3 South r~tt the most Northerly corner of Out Lot 1) and bounded on. i ts Southerly end by the Nor th line oJ: said Out Lot 1 (as said North line extends East from a point 195.27 'feet South of: the mo3t Northerly corner of O'~t Lot 1) said strip being 12.5 feet, by normal m~surement, each side or thn center line or said strip, said center line being des- cribed as follows: Be61nning at a point in the ~ast line of said Out Lot 1 which is n distance of 70.43 feet "South" of the mO:1t NQ!'the~J. y corner of Out Lot 1, thence So'.ltheast- erly along a curved line, conv~~ to tb,e Northeast, having a r~di~ of 9605 feet, an arc distunce of 171.28 feet, the chord of said arc b~ring South 37 degrees 23 minutes 37 sec- onds East, 149.67 feet to a point or reverse curve; thence Southerly along a curved line, convex to the West, havi~~ a radius oJ: 415.5 feet, an arc distsnce of 6.10 feet, tho chord of: said arc bearing South 13 degrees 02 minutes 21 secpnds West, 6..10 feot,to the. North line of said,Out Lot. 1 and the end of this strip. .. . Also, That part of the atoreaaid Northwest quarter 01: Section 35 described as tol¡ows: Beginning at a point in the East line or out Lot 1 in the aforesaid Kensington Center - Phase Three - A Subdivi£ion. which point is a distance o£ 57.93 :teet South o:t tho most Northerly corner o:t said Out Lot 1; thence "North" along the East line 01: said Out Lot 1 and along the East line o£ Lot 302-C in the aforesaid Kensington Center - Pha3aThreð - B Subdivision, a distance or 297-55 teet; thence Northeasterly alo~ a curved line, conve~ to the South, having a radius ot ~ :teet, an arc distance o£ 10.03 reet, the chord ot said arc bearing North 85 degrees 46 mìnutcs 24 seconds East, 10.02 teet} thence "Southll along a line 10 :feet East ot and parallel with the East lines or said Lot 302-C 'and Out Lot 1, a di8tance or 279.39 :teet; thence South 45 deg~es East, a distance 01: 36~ 87 reet to a point in tho C\U'ved Northerly line or tho above described 25 :toot wide strip or land; thence North- westerly along said curved ~ne, being convex to the North, having a radius ot 109 teet, an arc distance or ;6.96 teet, the chord or said arc bearing North 78.degrees 43 minutes 54 seconds West, 36.78" teet to the p~1nt or beginning. . - -' ... '-~ .' 9/14/82 Trwstee " .' EA8EbŒNl' DESCRIPTIONS FOR RECBEATIOliAL AREA m KENSIOOTON CENTER, JdOU1lT PROSPECT, ILLDlOIS. 'It It EXHIBIT D cont. . . . (ÍÌ\ That part ot the a.toresaid Northwest quarter and North- \.!¿) east quarter o~ Section 35, described as tollows: A strip o~ land, 25 teet in width, lying on the Easter17 side ot an o%ist1ng storm detention pond, bounded On ita Southerly end. b,. the East line ot Lot 302-0 in the ~ore- zsaid Kensington Center - Phase ~e - B Subdivision and bounded on ita Northðr17 end by the East line o~ Lot 302-B ' in said Subdivision, said strip being 12.5 toot, bY' normal measurement, each side ot the centor line ot said strip, said center line being described as tollowsz Beginning at a point in ,the' East line ot aa1d'Lot 302-0 which ia a dist- anoe ot 252.1~ te_et.~or1!1l._9t the Southeast corner ot .aid L~t 39_2-01 _tJ::8nce Uartheastër-Ji"ãî'ong a curved line, convex 1;0 the Southeast, having a I9.d1u.s ot 71.5 feet, an artt dist- ance or 111.13 £eet, the chord of said erc bearing North 44 d~6rees 31 I'Il1nutes 16 seconds East, 100.2a feet; thence nl{ortt." tangent to the J.Ast described curvecflir.e, a dists.nce of 100 teet; thence Northeasterly along a curved line, convex to the No~thTIest, tangent to the last descri~ed line, an~ hn.tlng a radius of 43.5 feet, an £lI'C distance of 59.03 feet, t1:.9 chord o£ said arc bearing 1l0rth 38 degrees 53' r:-.inutes 20 seconds East, 54.60 .feet to a. point or reverS9 curve; thence }j~rth.- ensterly alo~e; ,a curved line convex to the Southe8:3 t, haVing a ~di~s of 06.5 feet, an arc distance of 83.52 feet, the chord, of said arc bearing North 41 degrees 47 minutes 01 seconds East, 78.14 .feet to a. point of compoUrJd,c"rve;, tte nee Northerly a.."ld '.;esterly along a curved line, convex to the 1';ortheast, having a zudius of 81.5 feet, an arc disþl nee ot 90.19 f'eet, the chord or said arc bearing North 25 degrees 53 minutes 50 seconds West, 85.66 .feet; thence Wester17 along a curved line, convex to the South, having a radius or 656.31 feet, an arc distance of' 73.82 feet, the chord of said are bearing South 89 degrees 22 m1nut~s ;2 seconds West, 73.78 .feet; thence North 87 degrees 24 minutes ,°9 seconds West along II l'ine tangent to the J.a~t de'soribed 6ur- - ..- ved line, 45.54 teet to the East line o-r add Lot 302-B,- 'said , East line 'being the Northerl,. end of' aaid 25 toot wide strip of'land. - ':::,;0. 8:SZí , ; ',' '. . . ,r - ,- '""",,.., ,. ,.",..,. ""'>""""" , .. ..' 9/14/82 Trustee " .' '-~ EASEldENl' DESCRIPTIONS FOR RECREATIONAL AREA ni KENSINGTON CENTER, .MOUNT PROSPECT, ILLDlOIS. EXHIBIT "DU cont.... (ÍÌ\ That part or tha aroresaid Northwest quarter and North- \.Q..) east quarter or Section;5, described as rollows: A strip o~ land, 25 teet in width, lying on the Eaaterly side ot an existing storm detention pond, bounded o~ its Southerly end. bY' the East line or Lot ;02-C in the 8.£ore- eaid Kensington Center - Phase ~e - B Subdivision and bounded on its Northðrly end by the East line ot Lot ;02-B ' in said Subdivision, said 8trip being 12.5 teet, bY' normal measurement, each side ot the centor line or said strip, said center line being described as tollows~ Beginning 'at a point in ,the' East line ot 8a1d'Lot ;02-0 whioh 1a a dist- ance ot 252.1; te_et,,~or~1J.,_Ç>.!_th8 Southeast cornðr or .aid L~t 3~_2-01 ,thence Uarthea3tèr'q"ãf'ong a curved line, convex 1:0 the Southeast, having a :re.d1us ot 71.5 teet, an artt dist- ance or 111.13 reet, the chord or said erc bearing North 44 d~6rees 31 1'Tl1nutes 16 seconds East, lOO.2a t~et; thence "l{ortt.1I tangent to the Js.st described curvecll1r.e, n distEonca 01' 100 teet; thence Northeasterly along a curved line, convex to the No~t~west, tangent to the last described line, an~ having a radius oJ: 43.5 :fee t, an ax'c distance ot 59.0; teet, t1:.9 chord of sai d arc bearing lIorth 38 degre es 53' t'.inu tes 20 seconds East, 54.60 £eet to a point or reverS9 'curve j thence }j~rth- easterly alone; accurved line Convex to the Southe8.'3t, haVing a ~dius of 66.5 feet, an arc distance of 83.52 reet, the chord, or said arc bearing North 41 degrees 47 minutes 01 seconds East, 78.14 r'eet to a point or compound curve; tte nee North erly a.."ld ' ','-es terly along a curved line, convex to the 2':crtheast, having a zqdius of: 81.5 reet, an arc dis:t;a nce of 90.19 feet, the chord or said arc bearing North 25 degrees 53 minutes 50 seconds West, 85.66 feet; thence Wester17 along a curved line, convex to the Soutb-þ having a radius or 656.31 feet, an arc d1stanceo:t." 73.82 feet, the chord ot said ar~ bearing Sout~ 89 degrees 22 minutes ,2 seconds West, 73-78 teet; thence North 87 degrees ~ ~nutes ,°9 seconds West along a: 1'1ne tangent to the ~a~t de'soribed èur- .-"ved line" 45.54 teet to the Eaat line ot said Lot 302-B,--sa1d Eaat line being the Norther17 end of said 25 toot wide strip of land. ' - . -- "... 8325 ..,. 4 n 9/14/82 ~ EXHIBIT "EU Access easement descript;ion to the Village or Mt. Prospect, ill. Those parts of: Lot ;07 in 1ŒNSINGTO~¡ CENTER - RESUBDIVI3ION VIII, or Lots 303,305 and 307 in 1ŒNSINGTGN CENTER - PHASE THREE, being á. 'subdi vision and" resubdi vision in part of the Northwest' quarter" : and the Northeast quarter of Section 35, Township 42 North, Ranßc ll, East of th~ Third Principal Meridian, ~ccording to the Plat of said R!'-subdivision VIII: recorded Jun~ 22,1982, as docUl:!lent number 26268098 in Cook County, Illinois, described as follows: Easetleht ŒJ A strip of land 20 foet in width described as: The Westerly 20 feet of the Easterly 52 feet, as me~sured perpendiclùar to the EasterlY' line of said Lot 307, said strip being bounded on the Northerly end by the Sou~ner.LY l~nc 01' the Northwestp"rly L~O feet, 90S measured perpendicular to the Northwesterly line of said Lot 307, and bounded on tho Southerly end by the curved Southerly line of said Lot 307. Also: Easement [gJ A strip of land, 20 foot in width, said stripbelng bounded on the Northerly end by the Southerly lino of the North';Testerly 40 feet, as measured perpendicular to the Northwesterly line of said Lot 307, and bounded on the Southerly end by the curved SouthRrly line of said Lot 307, the center line. of said strip b~lng described as: Beginning at a point in the Southerly line of said North~esterly 40 .feet which is a dis,tance. 01; 297.0 .feet South 6.3 cteg.i-ees 47 nUn- utes West of the Easterly line of said Lot 307; thence South 26 degrees 13 minutes East, parallel with the Easterly line of said Lot 307, fl distance oJ' 216.69 foot to àn at1.óla point; thsnco Sou:h 3 degreo3 23 mnllt9;J 19 ~f)conc.l3 V{Ð~tt;, nlon~ a racl'lal lint' to .~c~ cQt'ved Sontb.ðrly' lino of' ~J.'1.1d Lot, n. dl:Jtg,:1c~ 01' 51.98 1'<.'."3 t; to S'1ii.i. curved Southerly line of: Lot 307, nncl the end 01.' said. fJt~ip. -, 8325 " \ ( I - I .. ,.... ~\ -~ STATE OF ILLINOIS) ) SS COUNTY OF COO K ) I, the undersigned, a Notary Public in and for said County, in the Stat7~oresaid, DO HEREBY CERTIFY that p rIOHANSE~, ST OFFICER of American National Bank And Trús t .Company of Chicago, and Stephen Dixon: " SSISTMH SŒ:'ET,'J:¥ of said Bank are personally known to me to be the same persons whose names are subscribed to the foregoing 't t h ~~J"T~'~7" "-r~""T""~ r t' 1 J.ns rumen as suç:, U"-" '"'F'-'~-r anu" ".~' 1, ..~, .',1" espec J.ve y, appeared before 'fr¡è 'thi,¿ d yi\in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act and as the free and voluntary act of said Bank, as Trustee as aforesaid, for the uses and purposes therein set forth, and caused the corporate seal of said Bank to be affixed thereto, pursuant to authority, given by the Board of Directors of said Bank as their free and voluntary act, and as the free and voluntary act and deed of said Bank, as Trustee as aforesaid, for the uses and purposes therein set forth. Given under my hand day Of~, 19 My Commission Expires: and notarial seal, this ,/1 - ri ' ~ ~~UbliC Mj commisson expires November 21, 1983 "- STATE OF ILLINOIS) COUNTY OF ~~~ ? SS I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that @., K, S tJ ~L \V4.t) , personally known to me to be the ~ L~ President of Northern Illinois Gas Company, an Illinois corporation, and ¿;J H PP-'Îf'j7-- personally known to me to be the .6~; t (, Secretary of said..corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such 1/1C., -.!"- President and ..ð~s í Secretary, they signed and delivered the said instrument as fll<:.~- President and ð$~~ Secretary of said corporation, and caused the cor- porate seal of said corporation to be affixed thereto, pur- suant to authority, given by the BQard of Directors of said corporation as their free and voluntary act, and as the free and voluntary act and deed of said corporation for the uses and purposes therein set forth. ~Gjven under my hand day Of/ÛA~/J-IML'1 , 19 /c;f'ß. I I~/) My Commission Expires: - ' . j , - ,.. -~ STATE OF ILLINOIS) ) SS COUNTY OF COO K ) I, _K\ \1\ ) ¥\C LI 'I , the undersigned, a notary public in and for the County and State aforesaid, do hereby certify. that (' A Q{')t ~..t.J..--1J, ¥RP\Vx~)t personally known to me to be the 7~f~) \CJE:f\,))- of the Village of Mount Prospect, a muni- cipal corporation, and CI\~DL f\f"¡O OS , personally known to me to be the CLt~~ of said municipal corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged as said 9RE':.IDEIV\ and (lC~K they executed said instrument as -'99-.«:..\ PEI\¡-. and CL-ER\¡( of said Village of Mount Prospect and caused the corporate seal of said Village of Mount Prospect to be affixed thereon, pursuant to the' authority given by the Board of Trustees of said Village of Mount Prospect as their free and voluntary act and as the free and voluntary act of said village for the uses and purposes therein set forth. Given under my hand and notarial seal this ìT~ day of UEC(::n!)['lt" 19 J.a.... .' ¥.)rn\ ~ ~ Y.Q Q ~ Notary Pu ic SEAL My Commission Expires: M'( COMMISSION EXPIRes JULY 8, 1985 .. . -- , " " ". \ I. þ'P~þ ~~ - Äþ~ r£fiUU\R'L., ~ 198~ by and between Opus Corporation, a Minnesota corporation, ¿J DETENTION POND EASEMENT AGREEMENT ~ . This Agreement is made this J :i.í day of ~, authorized to transact business in Illinois as Opus Designers, Builders, Developers, Inc., (formerly known as Rauenhorst Corporation) ("Opus") and The Village of Mount Prospect, an Illinois municipal corporation (the "Village"), WIT N E SSE T H ---------- WHEREAS, Opus is the developer of the subdivisions and resubdivisions in Cook County, Illinois known as Kensington Center; and WHEREAS, in connection with the development of Kensington Center, Opus has constructed certain storm water detention ponds and related and ancillary drainage facilities, one of which dete~tion ponds with related and ancillary facilities (the "Detention Pond"] is located on the real estate (the "Easement Area") described on Exhibit A attached hereto and made a part hereof; and WHEREAS, a portion of the Easement Area is located on land o~ned by Opus; and WHEREAS, the portion of the Easement Area not o~ned by Opus is located within Lot 207 in Kensington Center Phase Three - A, according to th~ plat of such subdivision, and is within an area of Lot 207 shown on the above-described plat of subdivision to be encumbered by an easement for access, storm detention and drainage¡ as more fully depicted and described on the plat of subdivision; and \'lHEREAS I Lot 207 in Kens ington Center Fha se Three - A is encu~ered by a certain Declaration of Industrial ~tandards . ." ""~ {~. " . . . ~ . . .' And Protective Covenants, recorded as Document No. 25863145 (the "Declaration") executed by Opus as "Declarer", which provides in Article IX thereof: "Article IX. EASEMENTS. Declarer reserves for itself, its successors and assigns a permanent easement over, upon, across and under the easements shown on the plat of the Premises for the carrying of utilities, water or sewage and for the main- tenance of such facilities, and Declarer is hereby given the power and authority to execute deeds or other necessary documents releasing or conveying such rights that it may deem advisable or necessary."; and whEREAS, in connection with the development of Kensington Center, Opus and the Village have entered.into a certain Þ~nexation Agreement relating to various matters, including the maintenance of ponds in Kensington Center; and WHEREAS, Opus and the Village desire to make further agreements, as set forth herein, relating to the use and maintenance of the Detention Pond; and ~~EREAS, Opus desires to grant to the Village an easement relating to the Detention Pond, and the Village is willing to accept such easement and to perform certain obligations relating to the Detention Pond, as described herein. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and in consideration of other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the follo~ing grants aDd agreements are made: 1. Opus hereby grants to the Village a perpetual, nonexclusive easement for the operation, maintenance, repair and replacement of the Detention Pond over, across, upon, under and through the Easement Area, to the extent that Opus - 2 - I .. ,"i \ ~, " , "'. . , ~ .- is the owner of the Easement Area or has the right to trans- ,'" fer or grant ri9hts in the Easement Area pursuant to the '. above-described documents, and subject to the provisions of paragraph 3 below. 2. To the extent that the Easement Area is located on the portion of Lot 207 in Kensington Center Phase Three - A shown as the access, storm detention and drainage easement area on'the plat of subdivision of Kensington Center Phase Three - A, and to the extent that Opus has the right to assign easement rights in such area pursuant to the Declaration, Opus hereby assigns to the Village, on a nonexclusive basis, and subject to the provisions of paragraph 3 below, its rights and obligations, if any, relating to such area, including .' the right to use such portion of the Easement Area for the purposes and upon the terms set forth herein, and,the Village hereby accepts such assignment of rights and obligations, if any, and agrees to be bound by and perform, from and after . . the date hereof, the obliga:tions of Opus,. if any, relating to such portion of the Easement Area. 3. It is not the intention of this Ease~ent Agreement to grant to the Village all rights o~ Opus in and to the Easement Area, nor to assign to the Village all rights of Opus in and under the Declaration, or the subdivi- sion and resubdivision plats described herein, and except as necessary to permit the Village to exercise the rights . and perform the obligations granted to and ass~~ed by the Village hereunder, Opus shall continue to have the rights granted to or reserved by Opus under the Declaration anq the subdivision and resubdivision plats described herein. 4. The Village hereby accepts the easement granted and assigned by this Agreement, and agrees that it will operate,~~intain, repair and replace the Detention ?ond as - 3 - -'1 . . . ~ a public improvement of the Village, for and during the duration ~f the grant of easement as described herein. 5. The responsibility of the Village for the operation, maintenance, repair and replacement of the Deten- tion Pond ,shall include, but not be limited to, responsibility for the following: (a) inlet and outlet facilities of the Detention Pondi (b) maintenance of the depth of the Detention Pond to an average depth of four feet, in accordance with design standardsi. (c) water level control, including restriction of water level to a level as near as possible to the design water level elevation of 650.0 feet, and in no event above the design high water level elevation of 653.0 feet; (d) cleaning of the Detention Pond as necessary; and (e) main- tenance of the Detention Pond in a clean, safe operating condition. The Village will not be responsible for maintenance of the bank of the Detention Pond above the design high water level of the Detention Pond. The Village shall not use or occupy, by the placing of equipment or otherwise, any area of the Easement Area above the design high water level of the Detention Pond, without in each case the prior written consent of Opus, and of any owner of land on which the portion of the Easement Area proposed to be so used or 'occupied is located, except. for the temporary use or occupancy o£ such area for the maintenance, repair or replacement of , - the Detention Pond. 6. The portions of lots in Kensington Center subdivisions which are enc~~bered by the easement granted and assigned herein include only those portions of such lots as are included within the easement for access, storm detention and drainage as shown on the plats of subdivision of Kensington Center. - 4 - .. ,. ! .f '" ,.(" ,~ ", ','V~:::::' ';:';':::;;",.,~'k;,:¡::¡,~,,;~.~~}'i~~'~;~'*}t" ( . , ~ ::;X;UHlJ ;';, Set,,__eS(~t;Clef/!}tfJ &. GJtg!Jteet:tL if ') JOlnpaJtf/ 6046 DEMPSTER STREET. MORTON GROVE,ILL. 60053 I) 312/966- 1190 . ~ ~ Y'\ ~ .¡: ~ 'U ~ t.¿ C) \.. ~ .l..\t-l c.G:J ~a 'V~ \J\ I:!) ¿\t\ Q~ .u ' I:J'" r. 0 ,..J ç. "" è. ~ '::1. I\J --.J ...; ..... .~ < ~ :t Iù I.lJ tt '1.-01" 30Q I-~:i-r: :-.'¡' ,..",""", ..:, . .' P. c. C, -~~~~~~ïR~--~~~~~~- PH,o.~é ,TWO CHO.5'?12' N. 74.-/1.'- 4. If"~ 5ðUïHéA ~T' Col?. Or /<éH5fNGïOf'/ Ct:NTél? - PH/'.5é Two - OoC,~2S'-;7-:'ðO8 \ ----...L \~ . I 1,1 I ~ I \ 1 \ I \ I \ I \ I:.. \ Iv . \ ' 10 I~ ""': \ '" ~,... \ v- I". '.,-\ 1<> v ' ç N 1:0 "\ It:.... ~ ú.\ I ;,\ I -, \ J elf ... I <7:'::.J " " N. ~. ~ ~ '\) '..... ~ '..... '\J ~ ~ \I) 12.1>0.' 4.7.~ .... n c. ð 7. l:, , CJJO.: 7$,5' S2:t~5'3"5S ~. c ~ . :::: . ~ C\ ..(, ~ ~ . 0 ' t" " ,f' ....(! ('C' tfl' , O~ðS \° ¡.. . , c ./o.~':;7,9z 5.7,°. $0'. 50"1 . ~- 'Z D . :3': w. c.r.. .t 0\ . " , , , ~ , q EXHIBIT A That part of the Northwest Quarter of Section 35, Township 42 North, Range 11 East of the Third Principal Meridian, and that part of Kensington Center, Phase TWo being a subdivision in part of said Northwest Qùarter, Recorded June.2, 1980 as Document No. 25472B08, and that part of Kensington Center, Phase Three-A, being a subdivi- sion in part of said Northwest Quarter, Recorded May 4,1981 as Document No. 25859082, described as follows: Beginning at a point in the East line of said Kensington Center, Phase Two as Recorded as Document No. 25472808, which point is 11.97 feet North 0 degrees 03"minutes 14 soconda East of the Southeast corner of said subdivision¡ thence Northwesterly along a curved line, convex to the SouthYJest, having a radius of 110.48 feet, an arc distance of 60.68 feet, ths chord of said curved line bearing North 74 deg~e8'12 ~nute3 49 seconds West a distance of 59.92 feet to a point of coÜlpound curve; thence continuing Northwesterly and Northerly along a. curved line, tangent to tbe.lastdescribed curved line, convex ~esterly, and havins a radius of 176.0 feet, an arc distance of 250.77 feet, the chord of said curved line bearing North 11 degrees 39 minutes 36 seconds West a distance of 230.09 feet; thence North 23 degrees 09 minutes 28 sec- onds East along a straight line, tangent to the last de~ ribed curved line, a distance of 42.11 feet; thBnce continuing Northerly along a curved line, convex to ~~o East, tangent to the last described line, and having a radius of 95.0 feet, an arc distance of 59.52 feet, the chord of said curved line bearing North 5 degrees 12 ~inutes 39 seconds East, a distance of 58.55 feat to a point of compound curve; thence continuing ]{or th we s terly along a curve d Ii ne, convex to the Nort:'1e as t I tangent to the last described curved line, and h9.ving a radiU8 of 15°.77 feet, arc distance of 113.88 feet, the chord of said curved line bearins North >4 degrees 22 minutes >4 seconds West, a distance of 111.19 feet to a point of reverse curve; thence continuing Northerly along a curved line, convex to the Southwest, and tangent to the last described curved line, and having a radius of 171.24 feet, an arc distance of l21t.16 feet, the chord of said curv9d line bearing North 35 degrees 1.4 clnut:33 32 seconds West a distance of 121.46 feet to a point of cowpound curve; thence continuing Northerly and Northeasterly along a curved. line, tangent to the last described curved line, convex to the NOr~~TI8st, having R radius of 139.22 feet, an arc d13taoce of 1~3.65 feet, the chord of said curved line bearing North 11 degrees 00 o..1nutes 59 sec- on,ds Ea.st" a distance of ~5.97 feet to the North"'est~ corner of: o~t lot 9 ln Kens;ngton Center, Pnase,Two¡ thence North 50 aegrees 11 rnlnutes 41 seconds E9.st along the Northwesterly line of said out lot 9, OJ. dist- ance of 47.27 feet;, thence Easterly and Southerly along a curved lina oonvex to the Northeast, having a radiUß of l12.19,feet, an arc distsc~e of 295.36 feet, the chord of said curved line bearing South 1+4 de¿;r-ees 41 minutes 22 seconds East a distance of 217.15 feet to a point of rev- erse curve; thence continuing Southerly and Easterly along a curvad line convex to the Southwest, tangont to the last described curved lice, and having a radius of 47.0 feet, an arc distRnce of 87.82 foet, tr~ chord of said curved line bearing South 22 degrees 53 ~nutes 55 sec- onds East, a distance of 75.59 feet to a point of cowpound curve; thence continuing Southeasterly along a curved line, tanoent to the last desc- ribed line.!: convex to the South. having a radius of 31~.6l feetl ~~.aro distance 0 125.32 feet, the chord of said curved line bearing ~outh 87 degrees 48 tdnutO$ 17 3econda Ea~t, a distance ot 124.49 feet to a point ot reverse curve; thence coqtinuing Southerly and South along a curved line, tangent to the last described curved lino, convex to L~8 East, having s. rad.1il.5 ot 72 feet, an arc distaœå of 164.44 feet, the chord of said curved line baliri'cg ?ollth 33 degrees 44 rdnutð3 58 secol}è.s East, a distance of 130.96 feet to, a'point 6f cowpound.curvo; thence continuing South~estðrly a~1"ong a ourved liñß, taúõßnt to the last des- cribed curved line, ponvex to the Southoaðt, having a radius of 315.°5 .. -: ", . ',' > .' , . , , ø " feet, IUl arc distance of 115.04 .feet, the chord of Baid curved lin~ bearing South 42 ,degrees 08 clnute8 36 :!ooonds Wost, a distance or . 114.40 feet to a point of rsverae curve; thence continuing Southerly and South along a curved line, tangent to the last described c~ved line, convex to the West, having a radius of 53.77 feet, an arc dist- ance of 88.38 feet, the chord of said curved line bearing South 5 degrees 30 Dinutes 43 8OCOndS East a distance of 78.76 feet to a point of reverse curve¡ theno~ continuing Southarly and Southwesterly along a curved line, tangent to the last described curved. line, convex to the Southeast, having a radius of 115.0 feet, an arc di8ta~e of 264Q20 foet, the chord of said curved line bearing South 24 degrees ~ min- utes 20 aeconds West, Q distance of 209081 feet; thence South 88 deg- ~e8 28 minutes >4 seconds West, a distance of 5°.02 feet to tho point of beginning, a pari of the above-described property bein~ also the easement for access, stor~ detention and drainage as shown on Lots 207 and 309 ,on the plat of subdivision of Kensington Center, Phase Three-A described above, all in Cook County, Illinois. ., '. '., , , ~ . ~ IN WITNESS wlŒREOF, the parties hereto have executed., this Agreement as of the day and year first above written. Corporate Seal Attest~ ~ By: ~:Þ.~~ , Its: / 'y~",-¡;;::;' ; / . ...... \/ "'-.. Corporate Seal Attest: /:' . ,,' -<:: . By: ,/t..,;! ;-c'(c? ;/~~{.!. () Its: L,; !- 1. ¡./J¿ C' ,; I.-::. :'( OPUS CORPORATION, authorized to transact business in Illinois as OPUS DESIGNERS, BUILDERS, DEVELOPERS, INC. By: ~~d~- Its: - ~' PRESIDENT THE VILLAGE OF MOUNT PROSPECT By: 'J ¿;,r-kc /I t::~ Its: ~/.II~-;' 'Or-. ";-- '-~'~'Y'_~. - 5 - .- . " . , , . ~ STATE OF MINNESOTA) ) S COUNTY OF HENNEPIN) I, the undersigned, a Notary Public, in and for the County and State aforesaid; DO HEREBY CERTIFY that Robert J. Dahlin, personally known to me to be the President of Opus Corporation, a Minnesota corporation, and James'L. Tucker, personally known to me to be the Secretary of said corporation, and personally knwon to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such President and Secretary, they signed and delivered the said instrument as President and Secretary of said corporation, and caused the cor- porate seal. of said corporation to be affixed thereto, pursuant to authority given by the Board of Directors of said corporation, as their free and voluntary act, and as the free and voluntary act and deed of said corporation for the'uses and purposes therein set forth. Given under my hand and notarial seal, this January, 19 83 . 7th day of ----J~'~---- ---- '-;~ /11 '-1<'1', .t..,...." "'-<"C';' u'¡mtfz \ [,:-:~:...} t~;~:': ¡...~:~. - ..:;~;,;"C'T^ ; '~;/ . ":'ì""':Fi'" C""U!--:TY \ í I;",.---,;..,.,.:,~:"~;',,.;" J;'-,,31,19S7 \ , .. .. - .'. -. ..-----J MYl~(:)~-TITs-šTón-Exp{r-es : Cì ~'í . (U{~! Î1í {)/1J¿Î7~(- (~ rotary' Public ~ v Jan. 31, 1987 STATE OF ILLINOIS.) ) SS COUNTY OF COO K ) .. '. ' I, ¥\ffi' KEel'\ , the undersigned, a notary public in and for the County and State aforesaid, do hereby certify that CI\W')L'-il) t\. ¥.JzAV6E personally known to me to be the ?1Z£';\f};I\:\T of the Village of !>1ount Prospect, a muni- c ipal corporation, and Cp.,Q('L A, \71~L b , per sonally kno,,'n to me to be the r(~~~ of said municipal corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged as said YR.¿S\ DErJ! and CL¿::Kt they executed said ins trument as Y~ESiOêN' and CLC~t of said Village of Mount Prospect and caused the corporate seal of said Village of Mount Prospect to be affixed thereon, pursuant to the authority given by the Board of Trustee of said Village of Mount Prospect as their free and voluntary act and as the free' and voluntary act of said village for the uses and purposes therein set forth~ Given under my hand and notarial seal this )~- day of _fi¡APU(t{.2~ ' 19 ~. SEAL -\(~. 1~\ QQ~ Notary Pu lC My CoITŒission Expires: MY COMMlSSION EXPIRES JULY 8, 1985 :~ ,. ,