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HomeMy WebLinkAboutRes 20-11 06/21/2011 Amendment to Drainage, Recreation and Access Easement between VOMP and Cummins-Allison CorpRESOLUTION NO. 20 -11 A RESOLUTION APPROVING AMENDMENT TO DRAINAGE, RECREATION,AND ACCESS EASEMENT AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND CUMMINS - ALLISON CORP. FOR PROPERTY LOCATED AT 852 FEEHANVILLE DRIVE, MOUNT PROSPECT, ILLINOIS WHEREAS, the Village of Mount Prospect, Opus Corporation and others entered into a certain Drainage, Recreation and Access Easement Agreement dated December 17, 1982 (hereinafter the "Original Easement Agreement "), regarding, among other property, that property commonly known as 852 Feehanville Drive (hereinafter "Lot 309 ") and legally described as follows: Lot 309 in Kensington Center, Re- Subdivision 20, being a Re- subdivision in part of the Northwest' /4 of Section 35, Township 42 North, Range 11, East of the Third Principal Meridian, according to the Plat thereof recorded as document 86600187, in Cook County Illinois; Property Index Number: 03 -35- 104 - 050 -0000; and WHEREAS, the Original Easement Agreement granted to the Village, certain easements, including the non - exclusive easement for the operation, maintenance, repair and replacement of a jogging path and other recreational uses, as described in the Original Easement Agreement (hereinafter the "Recreation Easement ") on, upon and across land owned by Opus, the property subject to the Recreation Easement being defined in the Easement Agreement as the "Recreational Easement Area." WHEREAS, two (2) Recreational Easement Areas are located on Lot 309, to wit: the Main Path Easement Area and the Ancillary Path Easement Area, the Ancillary Path Easement Area being legally described in Exhibit B of the Amendment to Drainage, Recreation and Access Easement Agreement" (hereinafter the "First Amended Easement Agreement "), which is attached hereto as Exhibit "A ", and WHEREAS, Cummins - Allison, the current owner of Lot 309, desires to relocate the Ancillary Path Easement Area by granting a replacement Recreation Easement and terminating the Recreation Easement on the Ancillary Path Easement Area pursuant to the terms of the First Amended Agreement; and WHEREAS, Cummins - Allison will, among other things, grant to the Village of Mount Prospect a non - exclusive easement for the operation, maintenance, repair and replacement of a jogging path, and other recreational uses, as described in the Original Easement Agreement, over, upon and across that portion of Lot 309 as described in Exhibit C -1 and depicted on the Plat of Easement in Exhibit C -2 of the First Amended Easement Agreement (Exhibit A), subject to the General Provisions of the Original Easement Agreement, and Cummins - Allison shall be responsible for all expenses related to relocation of the path. WHEREAS, the corporate authorities of the Village of Mount Prospect agree to the relocation of the Ancillary Path Easement Area, subject to the terms of the First Amended Easement Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, A HOME RULE MUNICIPALITY: SECTION ONE The recitals set forth above are incorporated herein as if fully set forth. Page 2 of 2 Cummins - Allison Amended Agreement SECTION TWO: That the Amendment to Drainage, Recreation and Access Easement Agreement is hereby approved, but execution shall be conditioned upon the Village Engineer's final approval of the path location and the execution by Cummins - Allison of a covenant holding the Village harmless with respect to the replacement of the path, in the form attached as Exhibit "B ", and receipt of same by the Village. SECTION THREE: That the Mayor and Village Clerk are hereby authorized and directed to execute, subject to the conditions set forth above, the Amendment to Drainage, Recreation and Access Easement Agreement substantially in the form set forth and incorporated herein as Exhibit A. SECTION FOUR: The Village Clerk of the Village of Mount Prospect is hereby authorized and directed to file a copy of the executed Amendment to Drainage, Recreation and Access Easement Agreement and Covenant to Hold Harmless and Indemnity with the Cook County Recorder of SECTION FIVE That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: Hoefert, Juracek, Korn, Matuszak, Polit, Zadel NAYS: None ABSENT: None PASSED AND APPROVED this 21 day of June 2011. / Irvana K. Wilks Mayor ATTEST: M. LisaAngell Village Clerk I I: \CLKO \WIN\ RESOLUTION\ cumminsallisonamendeddrainagerecreationeasementagreementlot309june20l 1. doc COVENANT TO HOLD HARMLESS AND INDEMNIFY Recitals, A. Opus Corporation ( "Opus "), the Village and others, entered into a certain Drainage, Recreation and Access Easement Agreement dated as of December 17, 1982 and recorded in the Cook County Recorder's Office on March 7, 1983 as document no. 26526319 (the "Easement Agreement ") wherein Opus, inter alia, granted to the Village certain easements, including the non - exclusive easement for the operation, maintenance, repair and replacement of a jogging path and other recreational uses as described in the Easement Agreement (the "Recreation Easement ") on, upon and across land owned by Opus (defined in the Original Agreement as "Opus Property "). The property subject to the Recreation Easement is defined in the Easement Agreement as the "Recreational Easement Area" Opus constructed the jogging path, as required under the Easement Agreement, and eventually sold the Opus Property, subject to, inter alia, the Recreation Easement. B. The land subject to the Easement Agreement is part of a business park referred to as "Kensington Center ". As of Effective Date, Opus owns no land in Kensington Center, and the Annexation Agreement pursuant to which the Easement Agreement was created has expired. C. One parcel of the Opus Property is referred to Lot 309, commonly known as 852 Feehanville Drive, Mount Prospect, Illinois ( "Lot 309; Cummins Addison Group; an Indiana Corporation). Cummins is the current owner of Lot 309. D. Two Recreational Easement Areas are on Lot 309: (i) the southeast 45 feet of Lot 309 parallel to the drainage ditch (the "Main Path Easement Area ") and (ii) a variable width easement area which enters Lot 309 at the northeast corner and continues generally south southwesterly adjacent to the Lot 309 detention pond until it intersects with the Main Path Easement Area (the "Ancillary Path Easement Area "). E. The Main Path Easement Area is improved with a paved jogging path extending from Feehanville Drive east northeasterly until the jogging path intersects with the jogging path in the Ancillary Path Easement Area, then turns south southeasterly, exits Lot 309 via a foot bridge crossing the drainage ditch and continues through portions of Kensington Center. The Ancillary Path Easement Area is improved with a paved jogging path, except where the Ancillary Path Easement Area crosses Cummins's parking lot. F. Cummins desires to relocate the Ancillary Path Easement Area to run parallel to the north - northwest to south - southeast lot line of Lot 309 and outside of Cummins's parking areas by granting a Replacement Recreation Easement (defined below) on the Replacement Recreational Easement Area (defined below) and terminating the Recreation Easement on the Ancillary Path Easement Area ( "New Path "), pursuant to Exhibit A attached to and made a part of this Covenant. G The Easement Agreement states that the grant of the Recreation Easement satisfied a requirement under a certain Annexation Agreement affecting the Opus Property. The Easement Agreement has two conflicting provisions regarding relocation of a Recreational Easement Area: (a) Section 5 of Part II states that a Recreational Easement Area may be relocated subject to Section 17D of the Annexation Agreement (which provides that a Recreation Easement Area may be relocated if the replacement location is reasonably acceptable to the Village) and (b) Section 1 of Part V. states that an easement created under the Easement Agreement may be relocated only with the prior written consent of Opus. The Village will consent to the relocation of the Recreational Easement Area as set forth in this Agreement without the consent of Opus, provided Cummins indemnifies the Village as set forth in this Covenant. Indemnification (a) Cummins shall indemnify and defend the Village and its trustees, employees and representatives (each, an "Indemnified Party" and all "Indemnified Parties ") against, and hold them harmless from, any loss, liability, claim, diminution in value, damage or expense (including reasonable legal fees) ( "Losses "), made by any person against the Indemnified Party (a "Third Party Claim ") arising from, in connection with or otherwise with the relocation of the Recreational Easement Area without Opus's consent. An Indemnified Party entitled to any indemnification provided for under this Section in respect of, arising out of or involving a claim for Loss shall notify Cummins in writing of the Third Party Claim within 30 days after receipt by such Indemnified Party of written notice of the Third Party Claim; provided, 2 however, that failure to give such notification shall not affect the indemnification provided hereunder except to the extent the Indemnifying Parry shall have been actually and materially prejudiced as a result of such failure. Thereafter, the Indemnified Party shall deliver to Cummins, within 5 business days' time after the Indemnified Party's receipt thereof, copies of all notices and documents (including court papers) received by the Indemnified Party relating to the Third Party Claim. Cummins shall be entitled to assume and control the defense of such Third Party Claim at its expense and through counsel of its choice reasonably acceptable to the Indemnified Party if it gives notice of its intention to do so to the Indemnified Party within twenty days of the receipt of such notice from the Indemnified Party. Cummins shall not be liable for expenses incurred by the Indemnified Parties prior to receipt of a written request for indemnification and prior to receipt of all notices and documents (including court papers). In case Cummins assumes control of the defense of a Third Party Claim the Indemnified Parry may still participate in such defense at its own expense. (b) Cummins's obligation under (a) above shall continue until Opus either (i) consents in writing to the relocation of the Ancillary Path Easement Area as set forth in this Agreement or (ii) surrenders, releases, disclaims, waives or otherwise forfeits its right to consent to the relocation of the Ancillary Path Easement Area. (c) Cummins may settle any Third Party Claim without the prior consent of the Indemnified Parties; provided that the settlement includes a full and complete release of all claims against the Indemnified Parties. (d) This Covenant to Hold Harmless and Indemnify shall not become operative until the Village has issued a permit for the path relocation, executed an Amendment to the Easement Agreement showing the New Path (Exhibit B) and accepted the New Path. The parties hereto have executed this Agreement as of the day and year first above written. Cummins - Allison Corp., an Indiana corporation By: List of Exhibits Exhibit A Aerial Photo of Approximate Location of Jogging Paths Exhibit B Recordable Instrument Granting, Terminating and Relocating Ancillary Path Easement Area, with Exhibits 4 0 a� I , IN LO 1 1a Q 3 N W 7D 2 _ 0 �i t!.1 i t LT: � '00 ` i' Y � •5 n n •t r THIS DOCUMENT WAS PREPARED BY AND AFTER RECORDING SHOULD BE RETURNED TO: McDermott, Will & Emery, LLP 227 West Monroe Street Chicago, Illinois 60606 Attention: Thomas L. Hefty 111111 VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII 1133345043 Doc #: 1133345043 Fee: $56.00 Eugene "Gene" Moore Cook County Recorder of Deeds Date: 11/29/2011 01:57 PM Pg: 1 of 11 Property Address: 852 Feehanville Drive Mount Prospect, Illinois 60056 03 -35- 104 - 050 -0000 (Area above reserved for recording data) AMENDMENT TO DRAINAGE, RECREATION AND ACCESS EASEMENT AGREEMENT THIS AMENDMENT TO DRAINAGE, RECREATION AND ACCESS EASEMENT AGREEMENT (this "Amendment ") is made as of June 21, 2011 (the "Effective Date "), by and between Cummins - Allison Corp., an Indiana corporation, together with its successors and assigns ( "Cummins "), and the Village of Mount Prospect, an Illinois municipal corporation, together with its successors and assigns (the "Village ", which together with Cummins are sometimes singularly referred to as a "Party" and collectively referred to as the "Parties "), as follows: Recitals A. Opus Corporation ( "Opus "), the Village and others, entered into a certain Drainage, Recreation and Access Easement Agreement dated as of December 17, 1982 and recorded in the Cook County. Recorder's Office on March 7, 1983 as document no. 26526319 (the "Original Easement Agreement ") wherein Opus, inter alia, granted to the Village certain easements, including the non - exclusive easement for the operation, maintenance, repair and replacement of a jogging path and other recreational uses as described in the Original Easement Agreement (the "Recreation Easement ") on, upon and across land owned by Opus (defined in the Original Easement Agreement as the "Opus Property "). The property subject to the Recreation Easement is defined in the Original Easement Agreement as the "Recreational Easement Area ". B. One parcel of the Opus Property is Lot 309, legally defined in the attached Exhibit A and commonly known as 852 Feehanville Drive, Mount Prospect, Illinois ( "Lot 309). Cummins is the current owner of Lot 309. DM US 281361764.047610.0018 C. Two Recreational Easement Areas are on Lot 309: (i) the southeast 45 feet of Lot 309 parallel to the drainage ditch (the "Main Path Easement Area ") and (ii) a variable width area which enters Lot 309 at the northeast corner of Lot 309 and continues generally in a south - southwesterly direction until it intersects with the Main Path Easement Area (the "Ancillary Path Easement Area "). The Ancillary Path Easement Area is legally described in the attached Exhibit B D. Cummins desires to relocate the Ancillary Path Easement Area by granting a Replacement Recreation Easement (defined below) on the Replacement Recreational Easement Area (defined below) and terminating the Recreation Easement on the Ancillary Path Easement Area, pursuant to the terms of this Amendment, and the Village agrees to such relocation, subject to the terms of this Amendment. The Main Path Easement Area is unchanged by this Amendment. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained in this Amendment and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by execution, the Parties agree as follows: 1. Recitals Incorporated by Reference The aforesaid Recitals are, by this reference, incorporated as if they had been set forth in the text of this Amendment. 2. Interpretation This Amendment shall supplement the Original Easement Agreement and together shall be deemed to be one instrument (the "Agreement "). In the event of any inconsistency between the terms of this Amendment and those contained in the Original Easement Agreement, the terms of this Amendment shall, in all instances, control and prevail. Otherwise, except for such amended terms, the terms of the Original Easement Agreement shall remain in full force and effect. Unless otherwise defined in this Amendment, initially capitalized terms in this Amendment shall have the same meanings as set forth in the Original Easement Agreement. 3. Grant of Replacement Recreation Easement By its execution and delivery of this instrument, Cummins grants to the Village a non - exclusive easement for operation, maintenance, repair and replacement of a jogging path, and other recreational uses as described in the Original Easement Agreement (the "Replacement Recreation Easement "), over, upon and across that portion of Lot 309 described in Exhibit C -1 and depicted on the Plat of Easement attached to this Agreement as Exhibit C -2 (the "Replacement Recreational Easement Area "), subject to the General Provisions of the Original Agreement. 4. Acceptance of Replacement Recreation Easement; Termination of Ancillary Path Easement Area By its execution and delivery of this instrument, the Village (a) accepts the Replacement Recreation Easement on the Replacement Recreational Easement Area, subject to the General Provisions of the Original Agreement, and (b) releases, quitclaims, surrenders and otherwise abrogates unto Cummins, the Recreation Easement as to the Ancillary Path Easement Area only, which was granted under Drainage, Recreation and Access Easement Agreement dated as of December 17, 1982 and recorded in the Cook County Recorder's Office on March 7, 1983 as document no. 26526319, it being understood that all other easements granted thereunder onto Lot 309 are affirmed and ratified. The Parties have executed this Amendment as of the day and year first above written. Cummins- Allison Corp., an Indiana corporation Village of Mount Prospect, an Illinois municipal corporation, List of Exhibits Exhibit A Legal Description of Lot 309 Exhibit B Legal Description of Ancillary Path Easement Area (being terminated) Exhibit C -1 Legal Description of Replacement Path Easement Area Exhibit C -2 Plat of Replacement Path Easement Area STATE OF ILLINOIS COUNTY OF COOK ) SS. I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that � personally known to me to be the of /T) (j Un 'T I�! - © ' 5 ry C+ , a i I - i Ici - cQrporafion, and personally known to me to be the same person Aose name is subscribed to the` foregoing instrument, appeared before me this day in person and acknowledged that as such he /she signed, s led and delivered said instrument as of said co�r s to authority, given by the Board of Directors of said corporation, as his/her 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 official seal, this air day of U) 0 / Notary Public My Commission Expires: -�/ -1 � - -//-/ STATE OF /c c . 3 COUNTY OF C0 A- ) ) SS. =JAR D NOTARILLINOIS MY CO 4113'14 I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY t hat personally known to me to be the of Oc*e/ , a /.✓m + corporation, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that as such , he /she signed, sealed and delivered said instrument as -' of said corporation, pursuant to authority, given by the Board of Directors of said corporation, as his /her 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 official seal, this e' t " day of , c 11 11 . 0 tary ub1Clc My Commission Expires: G OFFICIAL SEAL NAZLI J. NARGIS ry Public - State of Illinois mission Expires Feb 17, 2014 Exhibit A (To Amendment To Drainage, Recreation And Access Easement Agreement) Legal Description of Lot 309 LOT 309 IN KENSINGTON CENTER, RESUBDIVISION 20, BEING A RESUBDIVISION IN PART OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT 86600157, IN COOK COUNTY, ILLINOIS. 852 Feehanville Drive Mount Prospect, Illinois 60056 03 -35- 104 - 050 -0000 [End of Exhibit A] Exhibit B (To Amendment To Drainage, Recreation And Access Easement Agreement) Legal Description of Ancillary Path Easement Area (being terminated) The following tract in Kensington Center — Phase Three -A being a resubdivision in part of the NW 1 /4 of Section 33, Township 42 North, Range 11 East of the Third Principal Meridian, according to the Plat thereof recorded as document 86600187 in Cook County, Illinois: The Easterly 60.0 feet (as measured perpendicular to the Northeasterly line of Lot 309 in the aforesaid Kensington Center) of said Lot 309 lying Northwesterly of the Southeasterly 45.0 feet of said Lot, and lying Southerly of the Southerly line of the easement for access, storm detention pond and drainage as shown on plat of said Subdivision, and also together with the Easterly 30.0 feet (as measured perpendicular to the Northeasterly line of said lot), of said Lot 309 lying Northwesterly of the Southerly line of said pond easement and lying Southeasterly of a line drawn 25.0 feet Northwesterly of and concentric with the Southerly line of said pond easement. [End of Exhibit B] Exhibit C -1 (To Amendment To Drainage, Recreation And Access Easement Agreement) Legal Description of Replacement Recreational Path Easement Area THAT FART CT LOT 309 IN KENSINGTON CENTER- RESUBDIBISION TAENTK BEING A RESUBDIVISION IN PART OF THE NOR114WEST 1A OF SECTION 35, TC'ANSIHP 42 NORTH. RANCE 11 EAST CF THE THE PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AS OOCUMENT NUMBER 8WO0187 DESCRIBED BY COMIAENCING AT THE M09 SCUU1HWESTERLr COMB T LOT I)% THENCE NORTH 63 CEd01EEs ii BNNUTES 52 SECONDS EAST ALONG THE SOUTHERLY LNE OF LOT 3119, 603,62 FEET; THENCE 4ORTH 26 OEC,Y W 11 B INVES 09 SEC CLADS WW, 40.03 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG THE LAST OESCREIED COURSE, 10.00 FEET; THENCE SOUTH 63 CEGREES 47 MINUTES 52 SECONOS 'ASST. 60.00 FEEL; THENCE NOR - ill 25 DEGREES 48 MINUTES 24 SECONDS 'ASST. 12.2$ FEET; THENCE NORTH 63 MREES 41 MINUTES 52 SECONDS EAST, 22200 FEET; THENCE NORTH 25 MMEES 48 MINUTES 70 SECOINDS WEST, 227.52 FEET THENCE NCH 87 DEC2tEES 33 AIINUTE3 08 SEGCNTIS "+BEST. 38.22 FEET TO THIZ SOUTHERLY LINE OF AN EASTINO EASEMENT PER DOCUMENT N1,YBERa 26546345 AM) 8£6(087; THENCE NORTHEASTERLY ALONG A CUR`S TO THE LEFT HAWNG A RADIUS OF 315,05 FEET AND WHOSE CHORD BEARS NORTH 40 DEGREES 48 m14JTES 43 SECCNDS EAST FOR A CHORD CSTANCE Cf 3477 FEET; THENCE NORTH 25 DEGREES 48 MBNUTES 20 SECOMS;NEST ALONG A LINE 25.00 FEET WEST OF AND PARALLEL '4TH THE EAST LINE 7 LOT 309, 18,16 FEET TO THE NtRvE3RLY LINE OF SAID EXISTING E M- MIENT; THENCE NORTHEASZtY ALONG A CURVE M THE LEFT HAVING A RADIUS CF 290.65 FEET ENO WHOSE CHCRB BEARS NORTH 33 CE"GIM 14 MINUTES 52 5ECONOS EAST FOR A CHICRD DISTANCE OF 18.92 FEET TO A P07 OF COMPOUND CURVE; THENCE ALONG A GJRVE TO THE LEFT HAVING A RADIUS CF 47.00 FEET AND WOW CHORD BEARS NORTH 31 CEPS 33 MINUTES 52 SECONDS EAST FOR A t71ORD DISTANCE OF 18.42 FEET TO THE EAST LINE OF SAID LOT 339; THENCE SOUTN 25 DEGREES 48 MINUTES 20 SIXONDS EAST ALONG SAID EAST LIh1=, 324,30 FEET TO THE NORTHERLY LINE OF AN FASTING QOO FOOT EASEMENT PER DOCIL160T KYEI RS 26526919 AND A6500187; THENCE SOUTH 63 DEGREES 47 MINUTES 52 SECONDS 'AEST AL04G SAIL NORTHERLY LINE, 1%93 FEET TO THE POINT OF BEGINNING. ly COOK CCLNTY, ILLINOIS [End of Exhibit C -1] DM 281361764.047610.0018 Exhibit C -2 (To Amendment To Drainage, Recreation And Access Easement Agreement) Plat of Replacement Recreational Path Easement Area .'C / / ,� rI + II IF RECREATIONAL EAMENT - CUMMINS- ALLISON 852 FEERANVILLE DRIVE MI.YwYY Ya.Y�YVI[IK 1WYL.iI. fir w �wlTll��RP: NAYl�l iiFA � val Yawl uti— w LTA =� w "gwyrww�rr._.rYY.� �.i� /// i :ill• � .��� � �� Y om. � .. �•� j � , I I //� � rl �+�i ywwM� I�YII[rII�I +RS -.w MON= lii;:•, r w�wY .wrYa..� Y �ue ay...ar ulna � 4 ---- - ---- - - - - - -_ - J w.r •rY• , W Ma.�2�1i'N�s�1�� �M7. Ca11I.PY - .r =W�ilY �yy �MU�1. iR.Lf -Y �ILrtYY��yy.. wwl�• ar �+ pa.lYlMtlwlasrtwYlaa�.Mrtw � Y!I^ w•A•NIMAKl11�iNY • ! 1 I_M1 �i��.1�lMwanlalYwr.l.lin. �'a1.Yw �L�Yw �� v1.C�YlY.il1 \e law [End of Exhibit C -2] DM US 281361764.047610.0018 p F ........................ . ..... 0 .................. . ......... .. . --- --------- II z L —J PI IQ7 9 C) cn X ci --------- --- -- -------------- - _'___'-1_ - - - --------------- -- ----------------------------------- ---------------- �10.��� Ix � �M I I I q� �" mI bYYN aw'M• q 1 \ `\ � �� 94 p DA ill o I a pf I I a I Nil I I A a a I a IN il I A 411.00' ;IPI P's I - I - o, I \ 1 1 � • � � 1 • I� EASEMENT TO VILLAGE OF MT. PROSPECT FOR RECREATION PURPOSES / \ PER DOCUMENT NUMBER 86600187 /• - o /' /• j -'/ ./ •• / •' / The Parties have executed this Amendment as of the day and year first above written. Cummins - Allison Corp., an Indiana corporation Village of Mount Prospect, an Illinois municipal corporation, List of Exhibits Exhibit A Legal Description of Lot 309 Exhibit B Legal Description of Ancillary Path Easement Area (being terminated) Exhibit C -1 Legal Description of Replacement Path Easement Area Exhibit C -2 Plat of Replacement Path Easement Area STATE OF ILLINOIS COUNTY OF COOK ) SS. I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that / personally known to me to be the of 'IJ t t t2a� Y a f and' ersonall known to me to be the same p erson whose name is subscribed t e �, y r fore o . Q instrument peared before me this day in person and acknowledged that as such V <1 she signed, sealed and delivered said instrument as of said corporation, pursuant to authority, given by the Board of Directors ofd corporation, as his/her 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 official seal, this day of r l) Notary Public My Commission Expires: STATE OF //-c —.v s COUNTY OF ) ) SS. OFFICIAL SEAL DOREEN C JAROSZ NOTARY PUBLIC - STATE OF ILLINOIS MY COMMISSION EXPIRES O4r13114 I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that personally known to me to be the � of a 1- 6.4-' -< corporation, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that as such J of said corporation, pursuant to authority, given by the Board of Directors of said corporation, as his/her 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 official seal, this F��" da y of My Commission Expires: tare ubU OFFICIAL SEAL NAZU J. NARGIS Notary Public - State of Illinois My Commission Expires Feb 17, 2014 Exhibit A (To Amendment To Drainage, Recreation And Access Easement Agreement) Legal Description of Lot 309 LOT 309 IN KENSINGTON CENTER, RESUDDIVISION 20, BEING A RESUBDIVISION IN FART OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT '£HEREOF RECORDED AS DOCUMENT 86600187, IN CCC)K COUNTY, ILLINOIS . 852 Feehanville Drive Mount Prospect, Illinois 60056 03 -35- 104 - 050 -0000 [End of Exhibit A] Exhibit B (To Amendment To Drainage, Recreation And Access Easement Agreement) Legal Description of Ancillary Path Easement Area (being terminated) The following tract in Kensington Center — Phase Three -A being a resubdivision in part of the NW 1 /4 of Section 33, Township 42 North, Range 11 East of the Third Principal Meridian, according to the Plat thereof recorded as document 86600187 in Cook County, Illinois: The Easterly 60.0 feet (as measured perpendicular to the Northeasterly line of Lot 309 in the aforesaid Kensington Center) of said Lot 309 lying Northwesterly of the Southeasterly 45.0 feet of said Lot, and lying Southerly of the Southerly line of the easement for access, storm detention pond and drainage as shown on plat of said Subdivision, and also together with the Easterly 30.0 feet (as measured perpendicular to the Northeasterly line of said lot), of said Lot 309 lying Northwesterly of the Southerly line of said pond easement and lying Southeasterly of a line drawn 25.0 feet Northwesterly of and concentric with the Southerly line of said pond easement. [End of Exhibit B] Exhibit C -1 (To Amendment To Drainage, Recreation And Access Easement Agreement) Legal Description of Replacement Recreational Path Easement Area THAT PAST' , ^,F UT ) 14 KEhSIkCTGN 1NTER- RESV93141SION TAWY, BEING A REST BDIVNNl IN PART OF THE NORTHWEST 1/4 OF SECTION 35. TO'ANSHIP 42 NORTH. RANIOE 11 EAST CF THE THIRD PRINCIPAL MERIDIAN, ACCOIRMG TO THE PLAT THEREOF RECCR)ED AS )OCJJME)4T NJN -BER 86WJI87 LIESCRIBI D BY CCMuMING AT THE MC-ST SCWHWESTERLY CORER :T UT ,'J9; THENCE NORTH 6,1 DEGREES 41 MINUTES 32 LSECONOS EAST ALCNG THE SOUTHERLY LINE CF LOT 309. 603,62 FEET; THENCE 4CRIH 25 DEGREES 12 VINJTES 09 SECCNC5 WEST, 410 FEET TO THE POINT CF BE;HNNIAG; THENCE CONTINUING ALCNG THE LAST C57 00 COURSE, 10.03 FEET; THENCE `CUTH E3 CEGREES 47 MINUTES 52 SECONDS AE5T, 6C.CO FEET; THENCE 4042`1 25 DECREES 48 MINLIES 24 SECONDS 'REST, 12.28 FEET; THENCE NORT1+ 63 CEGREES 47 MINUTES 52 SECONDS EAST, 222.00 FEET; THENCE NORTH 25 CESPEES 46 MINUTES 70 SECONDS *EST, 277.62 FEET; THENCE NCR -H 87 7EGREES 33 YINGTES 30 `FUNDS 'WEST. 36.27 FEET TO THE SOUTHERLY LINE OF AN 64STi4G EASEMENT PER DOCUMENT N :.YK45 26546345 AN) WOW ,87; THENCE NORTI ALONG A C l;R',E TO THE LEFT HAYING A RADRA OF 315,05 FEET AND 0 SE OHM BEARS NORTH 40 CECREES 46 VINJTES 43 SECONDS EAST FOR A CHORD INSTANCE 'JF 34.77 FEET; THENCE NORTH 25 MAUS 48 MINUTES 20 SECONDS *EST ALONG A LINE 25 Co FEET WEST OF AND PARALLEL 'NTH THE EAST LINE JF WT 309, Z8.26 FEET TO THE NIXI` ^EHLY LINE CF SAID EXIS'T1NG FAMOE4T; THENCE NORWASTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 29C.G3 FEET AND WNWSE CH77 BEARS NORTI, 33 DEGREES 14 MINUTES 52 SECONDS EAST FOR A CHORD DISTANCE OF 18.42 FEET TO A POINT CF CCMPOU4D CURVE; THENCE ALONG A CJR`VE TO THE LEFT HATING A RACILS CF 47.00 FEET AND 'AROSE CHORD BEARS NORTH 31 CEGREES 33 M14UTES 52 SECONDS EAST FOR A CHORD DISTANCE OF 10.42 FEET TO THE EAST USE OF SAID LOT 1)9; THENCE SOUTH 25 CEGREIZS 48 MINUTES 20 SECONDS EAST ALONG SAID EAST LINE, 37t30 FEET TO THE NORTI -ERLY LINE OF AN FASTING 40.00 FOOT EASEMENT PER DOCJME4T N;.*ERS 26526919 AN) r3660CW: THENCE SOUTH 63 DECREES 47 MINUTES 52 SECOND$ 'REST ALONG SAID NORTHERLY LINE, 186.93 FEET TO THE POINT CF BECINNING. 14 COOK CCLNTY, ILLINOIS [End of Exhibit C -1] DM 281361764.047610.0018 Exhibit C -2 (To Amendment To Drainage, Recreation And Access Easement Agreement) Plat of Replacement Recreational Path Easement Area PLAT OF KE[:KbATIUNAL BAZIL.NU l •-•_ »• �.. cw�.' fi' SlikZE "«..a7FS�^.�.;d6.."al.Ly.'1. „�d o"•C7�ldol�:8'�F.on I 1 � +ulTVYwr w..er .u.a r --- �. �4iffiirF t 1 ros �..MV»uMR� I� �•r��w ~NwwM K....MTV.r.�V I [End of Exhibit C -2] DM US 28136176 - 4.047610.0018 1 all l��llll� M 3 m -a l Mill gill; 9 8a all Aq WW S 4 1 s � 4 xY ^m w , mm:N=m 6 �4 8 I t �r C) A C n h -8 R p j $ 4 x E�(t5 9��a \ \ I O i � ♦ ♦ \ a O, I � \ AN / ♦ ■ \ T, PROSP T j ■ VILI -ACE OF M - ■ \ FOR I EASEMENT TO N PURPOSE / I PER DOCUME NO NUMBER 86600187 \ i i / /.� ' ZZ 000, / -�