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HomeMy WebLinkAboutRESOLUTION - 55-92 - 9/8/1992 - DECLARATION OF EASEMENTS RESOLUTION NO. 55-92 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE A DECLARATION OF EASEMENTS TO PERMIT A PUBLIC SANITARY SEWER (MALLARD CROSSING) NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows: Section It That the Village President be and is hereby authorized to sign the attached documents marked: DECLARATION OF EASEMENTS a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said documents upon the signature of the Village President. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this 8th day of September 1992. APPROVED this 8th day of September , 1992. Charles J. Zettek Village President ATTEST: Patricia S. Smith Village Clerk by Ann I. Head Deputy Vlg. Clerk EasocnoW A DECLARATION OF EASEMENTS �nn�00o0O THIS DECLARATION OF EASEMENTS is made the 'day of , 1992 by and between American National Bank of dington heights , a national banking association (successor to First Arlington National Bank of Arlington Heights) as Trustee under Trust Agreement dated December 10, 1975 and known as Trust Number A597 ("Grantor") and the Village of Elk Grove, State of Illinois (the "Village") and H.P. Elk Grove Limited Partnership, an Illinois limited partnership (the "Partnership") . WITNESSETH• WHEREAS, Grantor is the fee simple gweer of the real estate commonly known as �t41 Mewrhnm (load , Elk Grove Village, Illinois and legally described on Exhibit A attached hereto and made a part hereof ("Grantor Parcel") ; and WHEREAS, in connection with the development of certain real property owned by the Partnership, which real property is legally described in Exhibit B attached hereto and made a part hereof, the Partnership has agreed to construct and install certain sanitary sewer facilities as depicted on those certain engineering plans (the "Plans") prepared by Cowhey Gudmundson Leder, Ltd. for Project No. 1096 (which Plans have been reviewed and approved by the Village of Elk Grove Engineering Department (the "Department") ) ; and WHEREAS, Grantor desires to grant certain easements over certain portions of the Grantor Parcel for the installation and maintenance of such sanitary sewer facilities thereunder. NOW, THEREFORE, in consideration of the premises contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follow: 1. Grant of Easements. Grantor hereby grants a perpetual non-exclusive easement in, under, across, along and upon the real property legally described on Exhibit C attached hereto and made a part hereof (the "Easement Parcels") to the Village and its successors and assigns to install, lay, construct, repair, operate and maintain pipes, mains, and all other necessary equipment, including without limitation above ground generators, for the purpose of providing such sanitary sewer service. 'During the period of construction of the sanitary sewer system, Grantor also hereby grants to the Partnership a temporary, exclusive construction easement over the Easement Parcels and the property located at the southeast corner of Meacham and Biesterfield Roads which is legally described on Exhibit D attached hereto and made r EsaaM"t A a part hereof (the "Construction Easement Parcel") for the purpose of laying., constructing, installing, repairing, inspecting and altering the sanitary sewer system described herein. Upon completion of such construction and installation, the Partnership shall remove all excavated materials and debris from the Easement Parcels and the Construction Easement Parcel and leave the Easement Parcels and the Construction Easement Parcels in a neat, clean and orderly condition. The Partnership agrees to restore any part of the Easement Parcels and the Construction Easement Parcels which is damaged by the laying, constructing, installing, repairing, inspecting and altering of the sanitary sewer system to their condition immediately before such damage. 2. Acceptance by the Village of Elk Grove. After the construction and installation of the sanitary sewer system shall be completed in accordance with the Plans, the Partnership shall notify the Village to request an inspection of the sanitary sewer system. Provided that the Village shall approve the construction of such system in accordance with the Plans, the Village shall accept the system as a public utility system and shall be responsible for the maintenance, operation and repair of same. 3. Use Restriction. No permanent buildings or trees shall be placed on the Easement Parcels by Grantor but the same may be used by Grantor for gardens, shrubs, landscaping and other purposes that shall not then or later interfere with the aforesaid uses or the rights herein granted. 4. Running of Benefits and Burdens. The easements herein granted, together with the restrictions and obligations herein imposed, are easements appurtenant running with the land. These easements and obligations shall inure to the benefit of and be binding upon all present and future owners, purchasers, mortgagees, tenants, occupants, and any successors and assigns of the parties. IN WITNESS WHEREOF, this Declaration has been executed as of the day and date first above stated. Grantor: OT Arknootl 6elglit5 American National Bank and met a national banking association, as Trustee under Trust Agreement dated Attest: December 10, 1975 and known as Trust Numb r 5 7 By• By: a Its• J41< 5C9 �f This instnxnent is executed by the u1mianed Land Tmsiee,no!personal6y buil solely as Trustee in the exercise of the Qownr ai•.d cutheclty ccrderred upon and vested in it es such TNs!c-. it is expressly endmloud and i,,�st tilt at of L: WafrLm l23, fcp 4"Lnl ih . dldP.t -.. ,(Y •elu'J`T2';0 T <:o and nc!p.r :.:;y.tJapesoral b, w ,Gall at any ;i.ae be asswiej or Coven:r;i,mosn�A y or sr.:•ii ui.c: i%sEa in L'.,;,iris'.U,"ent. The Village of Elk Grove Attest: By: Patricia S. Smith Patricia S. Smith, Vlg. Clerk By: Charles J. Zettek Its: by Ann I. Head, Deputy Vlg. Clerk Charles J. Zettek, Village President H.P. Elk Grove Limited Partnership Attest: By: Hamilton Part rs Elk Grove, Inc. By: /r-Y By-01/ Its• Oe f- f, Oe"?, This Document was prepared by and should be returned to: Cathy L. Kahn, D'Ancona & Pflaum 30 N. LaSalle Street, Suite 2900, Chicago, Illinois 60602 P.I.N. 3 S0( by:U'ANGONA & PFLAUM 5-25-92 ;12:54PM CHlGAGO� 1 706 672 9199;# 6 Consented to by: Thom , contract purchaser STATE OF ILLINOIS ) COUNTY OF NO/C � SS I, the undersigned, a Notary Public in and for the County and State aforesaid, Do HEREBY CERTIFY, that-Tt-e--,nA & 'D. , personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before as this day in person and acknowledged that he signed, sealed and delivered the instrument as his free and voluntary act, for the uses and purposes therein set forth. GIVEN under my hand and notary seal this %21/--`�7 day of /22 1992. AI � Notary Publ .vM.e.Yst«�VIfO^ .etJfMM�N.NNMOJ My Commission Expires: "OFFICIAL SEAL" DOROTHY HALFKN.NV Notary PubliO, Statc of Illinois My Commission Expires Nov. 16. 1994 3.� STATE OF ILLINOIS ) a� ) SS !� COUNTY OF ) I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY, that and mita M. LutYne respectively, of American National Bank of ArIklSon 8eW is personally known to me to be the same persons whose names are subscribed to the foregoing instru- ment as such I .WEPiESIMENT WMISTANT SECRETAW appeared before me this day in person and acknowledged that they signed, sealed and delivered the instrument as their free and voluntary act and as the free and voluntary act of said Bank, for the uses and ,purposes therein set forth. JUL i3o. GIVEN under my hand and notary seal thila 2 l ay of 1992 . Notary Public My Commission Expires: tP/r'Y'V\\h'W YEN W t/l 1IW vH. T L.:i. �z7�ivi53ICY ='.k - E OF P!-NoU 7s 5'y ssi n Exp •^s 05!27(96 4 STATE OF ILLINOIS ) SS COUNTY OF Cook & DuPa4e I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY, that Charles J. Zettek , President ie Village of Elk Grove, and Patricia S. Smith, Vlg. Clerk, by Ann I. Hea D.v., gy of such corporation, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such President and Vlg. Clerk gravy, appeared before me this day in person and acknowledged that they signed, sealed and delivered the instrument as their free and voluntary act and as the free and voluntary act of said corporation, for the uses and purposes therein set forth. GIVEN under my hand and notary seal this day of 1992 . Notary Public My Commission Expires: 5 STATE OF ILLINOOIIS ) 5S COUNTY OFIixS� I, the undersigned, a Notary Public in and for /t`he, Count X and S_tae aforesa d, O H REBY CERTIFY, that1./. 4n/ Y/N79//L-TdN , L��l afo � of Hamilton Partners Elk Grove, Inc. , an Illinois corporation, the sole general partner of H.P. Elk Grove Limited Partnership, an Illinois limited partnership, and , Secretary of such corporation, personally known to me to be the same persons wj}osenames are// /j subscribed to the foregoing instrument as such C=tCc ncRres and Secretary, appeared before me this day in perso and acknowledged that they signed, sealed and delivered the instrument as their free and voluntary act and as the free and voluntary act of said corporation, for the uses and purposes therein set forth. GIVEN under my hand and notary seal this day of 1992. (/ ec Notary Public My Commission Expires: OFMIAL SEAL SUSAN 0.VONEY NOTARY PLIMAC STA M OF ILLINOIS MY C"ISSM EXV JUY 22,1993 6 EXHIBIT A THE NORTH 356 FEET OF THE NORTH 37 1/2 ACRES OF THE EAST 1/2 OF THE NORTHWEST 1/4 (EXCEPT THE EAST 5 ACRES THEREOF AND EXCEPTING THEREFROM THAT PART OF THE LAND DEDICATED FOR BIESTERFIELD ROAD PER DOCUMENT NO. 27483307) OF SECTION 36, TOWNSHIP 41 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. RIA. 0-7- 3(v- M— 0)�o 07 -36-/0/ - Oa-7 AcU, -es5: 64-1 Meacham Rogd EXHIBIT B THAT PART OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SECTION 36, TOWNSHIP 41 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE, AS STAKED AND OCCUPIED, OF THE EAST 286.87 FEET OF THE WEST 7S ACRES OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 36, BEING ALSO THE WEST LINE, AS STAKED AND OCCUPIED, OF SUNSET MANOR SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED APRIL 10, 1957 AS DOCUMENT NUMBER 16874OSS WITH THE NORTHERLY LINE OF MERGE ROAD, AS WIDENED, ACCORDING TO THE PLAT OF DEDICATION RECORDED JANUARY 9, 1981 AS DOCUMENT NUMBER 25730867; THE FOLLOWING 3 COURSES ARE ALONG THE NORTHERLY LINE OF MERGE ROAD, AS WIDENED, ACCORDING TO THE PLAT OF DEDICATION RECORDED JANUARY 9, 1981 AS DOCUMENT NUMBER 257308671 THENCE SOUTH 87 DEGREES 09 MINUTES 31 SECONDS WEST, 488.89 FEET; THENCE NORTH 89 DEGREES O1 MINUTES 38 SECONDS WEST, 150.33 FEET; THENCE SOUTH 87 DEGREES 09 MINUTES 31 SECONDS WEST, 56.55 FEET; THENCE NORTH 00 DEGREES 08 MINUTES 26 SECONDS WEST PARALLEL WITH THE EAST LINE OF MEACHAM ROAD, AS WIDENED, BY PLAT OF DEDICATION RECORDED JANUARY 9, 1981 AS DOCUMENT NUMBER 25730867, 233.00 FEET; THENCE NORTH 89 DEGREES Sl MINUTES 34 SECONDS WEST AT RIGHT ANGLES TO SAID LAST DESCRIBED LINE, 190.00 FEET TO SAID EAST LINE OF MEACHAM ROAD, AS WIDENED, BY PLAT OF DEDICATION RECORDED JANUARY 9, 1981 AS DOCUMENT NUMBER 25730867; THENCE NORTH 00 DEGREES 08 MINUTES 26 SECONDS EAST ALONG SAID EAST LINE OF MEACHAM ROAD, AS WIDENED, 277.99 FEET TO A POINT 489.46 FEET SOUTH OF THE INTERSECTION OF SAID EAST LINE OF MEACHAM ROAD, AS WIDENED, WITH THE SOUGHT LINE OF NORTH 1602.00 FEET OF THE LAST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 36; THENCE SOUTH 89 DEGREES 51 MINUTES 34 SECONDS EAST, 450.02 FEET; THENCE NORTH 00 DEGREES 08 MINUTES 26 SECONDS EAST, 40.00 FEET; THENCE SOUTH 89 DEGREES S1 MINUTES 34 SECONDS EAST, 280.00 FEET; THENCE SOUTH 00 DEGREES 08 MINUTES 26 SECONDS WEST, 55.00 FEET; THENCE SOUTH 89 DEGREES Sl MINUTES 34 SECONDS EAST, 155.00 FEET; TO AN INTERSECTION WITH THE WEST LINE, AS STAKED AND OCCUPIED, OF THE EAST 286.87 .FEIT OF THE WEST 7S ACRES OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 36, BEING ALSO THE WEST LINE, AS STAKED AND OCCUPIED, OF SUNSET MANOR SUBDIVISION, AFORESAID, THENCE SOUTH 00 DEGREES 08 MINUTES 26 SECONDS WEST ALONG SAID LAST DESCRIBED WEST LINE, 469.80 FEET TO THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS ) -3G -/or - Uo7 D-7- /td�c s SD\ - RsI Meac�naM � , Elk Gr l/� �l ,TL N , EXHIBIT C EASEMENTS THE EAST 20 FEET, THE NORTH 25 FEET;AND THE NORTH 60 FEET OF THE EAST 90 FEET OF THE FOLLOWING DESCRIBED TRACT OF LAND: THE NORTH 356 FEET OF THE NORTH 37 1/2 ACRES OF THE EAST 1/2 OF THE NORTHWEST 1/4 (EXCEPT THE EAST 5 ACRES THEREOF AND EXCEPTING THEREFROM THAT PART OF THE LAND DEDICATED FOR BIESTERFIELD ROAD PER DOCUMENT NO. 27483307) OF SECTION 36, TOWNSHIP 41 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. EXHIBIT D EASEMENT THE NORTH 60 FEET OF THE WEST 60 FEET OF THE FOLLOWING DESCRIBED TRACT OF LAND: THE NORTH 356 FEET OF THE NORTH 37 1/2 ACRES OF THE EAST 1/2 OF THE NORTHWEST 1/4 (EXCEPT THE EAST 5 ACRES THEREOF AND EXCEPTING THEREFROM THAT PART OF THE LAND DEDICATED FOR BIESTERFIELD ROAD PER DOCUMENT NO. 27483307) OF SECTION 36, TOWNSHIP 41 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. E..en.m s DECLARATION Oji' EASEMENTS rl- THIS DECLARATION OF EASEMENTS is made the sday of _sAe_, 1992 by and between Thomas R. Schreiner ("Grantor") and the Village of Elk Grove, State of Illinois (the "village") and H.P. Elk Grove Limited Partnership, an Illinois limited partnership (the "Partnership") . 1 : WHEREAS, Grantor is the fee simpleQwner of the real estate commonly known as a 75' Maahaj Road , Elk Grove Village, Illinois and legally described on Exhibit A attached hereto and made a part hereof ("Grantor Parcel") ; and WHEREAS, in connection with the development of certain real property owned by the Partnership, which real property is legally described in Exhibit 8 attached hereto and made a part hereof, the Partnership has agreed to construct and install certain sanitary sewer facilities as depicted on those certain engineering plans (the "Plans") prepared by Cowboy Gudmundson Lader, Ltd. for Project No. 1096 (which Plans have been reviewed and approved by the Village of Elk Grove Engineering Department (the "Department") ) ; and WHEREAS, Grantor desires to grant certain easements over certain portions of the Grantor Parcel for the installation and maintenance of such sanitary sewer facilities thereunder. NOW, THEREFORE, in consideration of the premises contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follow: I. Grant of Easements. Grantor hereby grants a perpetual non-exclusive easement in, under, across, along and upon the real property legally described on Exhibit C attached hereto and made a part hereof (the "Easement Parcel") to the Village and its successors and assigns to install, lay, construct, repair, operate and maintain pipes, mains, and all other necessary equipment, including without limitation above ground generators, for the purpose of providing such sanitary sewer service. During the period of construction of the sanitary sewer system, Grantor also hereby grants to the Partnership a temporary, exclusive construction easement over the Easement Parcel for the purpose of laying, constructing, installing, repairing, inspecting and altering the sanitary sewer system described herein. Upon completion of such construction and installation, the Partnership shall remove all excavated materials and debris from the Easement Parcel and leave the Easement Parcel in a neat, clean and orderly SENT BY:D'ANGUNA & HrLAUM 5-2y-y2 ;11 :UUAM O1266UU33U" 1 'IU6 6112 91$S;4 3 condition. The Partnership agrees to restore any part of the Easement Parcel which is damaged by the laying, constructing, installing, repairing, inspecting and altering of the sanitary sewer system to their condition immediately before such damage. 2. Aegsptance by theyillaae of Elk Grove. After the construction and installation of the sanitary sewer system shall be completed in accordance with the Plans, the Partnership shall notify the Village to request an inspection of the sanitary sewer system. Provided that the Village shall approve the construction of such system in accordance with the Plans, the village shall accept the system as a public utility system and shall be responsible for the maintenance, operation and repair of same. 3. use Restriction. No permanent buildings or trees shall be placed on the Basement Parcel by Grantor but the same may be used by Grantor for gardens, shrubs, landscaping and other purposes that shall not then or later interfere with the aforesaid uses or the rights herein granted. 4. Running of Unefits and Burdens. The easements herein granted, together with the restrictions and obligations herein imposed, are easements appurtenant running with the land. These easements and obligations shall inure to the benefit of and be binding upon all present and future owners, purchasers, mortgagees, tenants, occupants, and any successors and assigns of the parties. IN WITNESS WHEREOF, this Declaration has been executed as of the day and date first above stated. Grantor: \ 'OFFICIAL SEAL' �, -- � � ROLLIN G CH NOTARY PUFM 1r, STATE OF MKO1S /v,74 y MY COMMISSION EXPIRES 1-9-93 The Village of Elk Grove Attest: By: Patricia S. Smith Patricia S. Smith, age Clerk By: Charles J. Zettek Its:by Ann I. Head, Deputy Vlg. Clerk Charles J. Zettek, Village President 2 H.P. Elk Grove Limited partnership Attest: By: Hamilton Partners Elk Grove, Inc. By, Sy: Its: This Document was prepared by and should be returned to: Cathy L. Kahn, D'Ancona & Pflaum 30 N. LaSalle Street, Suite 2900, Chicago, Illinois 60602 P.I.N. 3 STATE OF ILLINOIS ) SS COUNTY OFJ� ) I, the undersigned, a Notary Public in and for a County and State afpr said, Do HE BY CERTIFY, that rd/lg�✓ IinF�✓ , C Xc,� v a s#d �+f Hamilton Partners Elk Grove, Inc. , an I11 nois corporation, the sole general partner of S.P. Elk Grove Limited Partnership, an Illinois limited partnership, and Secretary of such corporation, personally known to me to be the same persons whose names ar subscribed to the foregoing instrument as suchi�a presd � � and Secretary, appeared before me this day n persoff and acknowledged that they signed, sealed and delivered the instrument as their free and voluntary act and as the free and voluntary act of said corporation, for the uses and purposes therein set forth. GIVEN under my hand and notary seal this flay of 1992. Notary Public My Commission Expires: OFFICIAL SEAL SUSAN D.VONEY NOTARY PUBLIC STATE OF ILLINOIS MY COtMISSMN EXP JULY-2 ,1993 4 STATE OF ILLINOIS ) SS COUNTY OF Cook 6 DuPa& I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY, that Charles J. Zettek , President c1f Pale Village of Elk Grove, and Patricia S. Smith. Vl e. Clerk, by Ann I. Head, D � . y of such corporation, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such President and Vlg. Clerk SwozwtaW, appeared before me this day in person and acknowledged that they signed, sealed and delivered the instrument as their free and voluntary act and as the free and voluntary act of said corporation, for the uses and purposes therein set forth. GIVEN under my hand and notary seal this day of 1992. Notary Public My Commission Expires: 5 V.l .. .r li. v �Ii i ...i vrmoi.. . ♦.i i. .a.♦ ... 1 �. • �J THE UNDERSIGNED, Norwood Federal Savings and Loan Association, having an office at in its capacity as the holder of that certain mortgage (the "Mortgage") encumbering certain real property (the "Mortgaged Premises") , recorded by the Recorder of Deeds of Cook County, Illinois as Document No. 86359991, hereby joins in the above and foregoing Declaration only for the purpose, and only to the extent, of (1) hereby granting permission to Grantor to enter into the above and foregoing Declaration so that such action on the part of Grantor shall not constitute a default under or violation of the Mortgage, and (2) hereby agreeing that the aforesaid Declaration shall be deemed to be prior to the Mortgage (and the Mortgage shall be deemed to be subordinate to the Declaration) , notwithstanding that the Declaration is subsequent in time, so that the provisions of the above and foregoing Declaration and the easement granted thereby shall be binding upon the undersigned, its successors as the holder of indebtedness secured by the Mortgage and, in the event of foreclosure of the Mortgage, upon the purchasers of any of the Mortgaged Premises at any sale thereof held pursuant to any proceeding to foreclose the Mortgage; it being further stipulated and agreed that at such times and to such extent as the undersigned or any successor of the undersigned is the holder of the Mortgage who shall come into actual possession or ownership (other than as security for debt) of the Mortgaged Premises, the undersigned or such successor (as the case may be) shall succeed to all the rights and obligations of the owner of such Mortgaged Premises in this Declaration expressed, but that until such time and except to such extent the undersigned expressly disclaims, for itself and for and on behalf of all of its successors as the holder of any indebtedness secured by the Mortgage, all duties, liabilities and obligations imposed by any provisions of the aforesaid Declaration upon any of the parties thereto. Norwood Federal Savings and Loan Association q By: Attest* 7/1 BY: Its: 6 STATE OF COUNTY OF I, �'R l>U4ti'1�1 �1 a Notary Public, in and for aid Co t the tateh a;Eoremaid d h eb certify that a d , and I , res actively, of g personally known to me to be the same persons se name ar ubsor ed to t e foRego- ing instrument as such Y and , appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their free and voluntary act and as the free and voluntary act of said Savings and Loan, for the uses and purposes therein set forth. P.G vEN under my hand and notarial seal this rrL day of �JU , 1992. "OFFICIAL SEAL" S Edka Schmidt Notary Public,State of Illinois Notary Public my Commission Expires PM /95 (� (SEAL) Type or Print Name '^l THE UNDERSIGNED, NBD Bank, having an office at loo E. Higgins Road Elk Grove Village, IL 60007 , in is capacity as the holder of that certain mortgage (the "Mortgage") encumbering certain real property (the "Mortgaged Premises") , recorded by the Recorder of Deeds of Cook County, Illinois as Document No. 90424139 hereby joins in the above and foregoing Declaration only for the purpose, and only to the extent, of (1) hereby granting permission to Grantor to enter into the above and foregoing Declaration so that such action on the part of Grantor shall not constitute a default under or violation of the Mortgage, and (2) hereby agreeing that the aforesaid Declaration shall be deemed to be prior to the Mortgage (and the Mortqaqe shall be deemed to be subordinate to the declaration) , notwithstanding that the Declaration is subsequent in time, so that the provisions of the above and foregoing Declaration and the easement granted thereby shall be binding upon the undersigned, its successors as the holder of indebtedness secured by the Mortgage and, in the event of foreclosure of the Mortgage, upon the purchasers of any of the Mortgaged Premises at any sale thereof held pursuant to any proceeding to foreclose the Mortgage; it being further stipulated and agreed that at such times and to such extent as the undersigned or any successor of the undersigned is the holder of any of the Mortgage who shall come into actual possession or ownership (other than as security for debt) of the Mortgaged Premises, the undersigned or such successor (as the case may be) shall succeed to all the rights and obligations of the owner of such Mortgaged Premises in this Declaration expressed, but that until such time and except to such extent the undersigned expressly disclaims, for itself and for and on behalf of all of its successors as the holder of any indebtedness secured by any of the Mortgage, all duties, liabilities and obligations imposed by any provisions of the aforesaid Declaration upon any of the parties thereto. NBD Hank By: /,441 t: Paul A. Moss Assistant vice President Jos ph A. Patek 9: Vice President 8 STATE OF Illinois ) Ss COUNTY OF Cook ) I, Kris A. Soukup , a Notary Public, in and for said County, in the State aforesa d, do hereby certify that Paul A. Moss and Joseph A. Patek , Assistant Vice Pres.and Vicee President of NBD ELK GROVE BANK, ELK GROVE L personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such Asst. Vice Pres. and Vice President , appeared before me this day- n person and acknowledged that they signed and delivered the said instrument as their free and voluntary act and as the free and voluntary act of said Bank, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this 9th day of June , 1992 . Notary/Public (SEAS) a ci)"Li C, STATE Of 4L;NO1`• Kris A. Soukup k „ s>ion icx,rire 4�.IO;i96 Type or Print Name ST"N OF Ss COUNTY OF ) i, , a Notary Public, in for said County, in the State aforesaid, do hereby certify and , of ersonally known to me to be the same persons whose names re subscribed to the foregoing instrument as such and , appeared before me this day in per and acknowledged that they signed and delivered the sai instrument as their free and voluntary act and as the fre d voluntary act of said Bank, for the uses and purposes the n set forth. GIVEN under my nd and notarial seal this day of 1 , Notary Public Type or Print Name 9 DCIVI bT;U ANUUNA 6 erLAUM S-Ytl-y'L 1 111'M Ut11UAUU" 1 'luo on bl`b` ;a J EXHIBIT A THE SOUTH 176 FEET OF THE NORTH 534 FEET (EXCEPT THE WEST 489.92 FEET THEREOF MEASURED ALONG THE NORTH LINE) OF THE NORTH 37 1/2 ACRES OF THE EAST 1/2 OF THE NORTHWEST 1/4 (EXCEPT THE EAST 5 ACRES THEREOF) OF SECTION 36, TOWNSHIP 41 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. 07-236- 101- 0a6 b-7 - 3(o - m —Dot7 ��ceSs C75 MeoCham Road ocrvi nt •U NrvUUM a rrLAUM 5-2o-y2 ; 1 711M ; GH1GHliU� 1 YUC tl7L y1tly;S 4 . Ii�IHIT H THAT PART OF TBS LAST 1/2 OF TBS NORTHWEST 1/4 Of SECTION 36, TOWNSHIP 41 NORTH, RANGE 10, &AST OF THE THIRD PRINCIPAL MERIDIAM, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERBECTSON OF THE VEST LINE, AS. STAKED AND OCcAPiED, of THE EAST 266.87 FEET OF THE REST 75 ACRES OF TTM EAST 1/2 OF TBS NORTHWEST 1/4 OF SAID SECTION 36, BEING ALSO THE WSST LINE, AS STAKED AND 0000PIiD, OF SUNSET MANOR SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED APRIL 10, 1957 AS OOCUIRNT MIMBER 16474038 WITH THt •NORTHERLY LINE OF XNAGE ROAD, AS WIDENED, ACCORDING TO THE FLAT OF DEDICATION AECORDED JANUARY 9, 1981 AS DOCUIENT NUMBER 25730867; THE FOLLOWING 3 COURSES ARE ALONG THE NORTEERLY LINE OF NERGE ROAD, AS WIDENED, ACCORDING TO THE PLAT OF DEDICATION ASCORDSO JANUARY 9, 1981 AS DOCUIRNT NUMBER 28730867; THENCE SOUTH 07 DEGREES 09 MINOTZB 31 $ZOOMS WEST, 448.89 BEM'; THENCE NORTH 89 DEGREES 01 MIMHTES 30 SECONDS WEST, 150.33 FET±TI THENCE SOUTH 87 DEGREES 09 MINUTES 31 SEOONDS WEST, 36.53 FEET; THENCE NORTH 00 DEGREES 08 MINUTES 26 SECONDS WEST PARALLEL WITH THE EAST LINE OF NEACHAM ROAD, AS WIDENED, BY FLAT OF OEOICATION RECORDED JANUARY 9, 1981 AS DOCUMENT NUMBER 25730867, 233.00 FEET; THENCE NORTH 49 DEGREES 51 MINUTES 34 SECONDS WEST AT RIGHT ANGLES TO SAID LAST DESCRIBED LINE, 190.00 PEST TO SAID EAST LINE OF NBACHAM ROAD, AS WIDENED, BY PLAT OF DEDICATION P20MID JANUARY 9, 1951 AS DOCU)MIT N XZn 2S7308671 THZWCX NORTH 00 DEGREES 06 MINUTES 26 SECONDS EAST ALONG SAID EAST LINE OF M&ACSAM ROAD, AS WIDENED, t 277.99 FEET TO A POUR 489.46 FEET SOUTH OF THE INTERSECTION OF SAID EAST LINE CF NEACHAM ROAD, AS WIDENED, WITH THE SOUGHT LINE OF NORTH 1602.00 FEET OP THE EAST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 361 THENCB SOUTH 49 DEGREES 51 MINUTES 34 SECONDS EAST, 450.02 FEKTt THENCE NORTH 00 DEGREES 08 MiN0Ta8 26 SECONDS EAST, 40.00 FEET► THENCE SOUTH 89 DEGREES 51 MINUTES 34 SECONDS EAST, 280.00 PEETI THENCE SOUTH 00 DIGRESS 08 MINUTES 26 SECONDS WEST, 5S.00 FEET] THENCE SOUTH 49 DEGREES S1 MINUTES 34 SKCONDS RAST, 133.00 FSET; To AN INTERSECTION WITH THE WEST LINE, At STAKED AND OCCUPIED, OF THE EAST 296.57 .FftT OF TIE WEST 75 ACRES OF THE EAST 1/2 OF THE NORUNE8T 1/4 OF SAID SECTION 36, BEING ALSO TIM WEST LINE, AS S xxv AND OCCUPIED, OF SUNSET MANOR SUBDIVISION, AFORESAID, THENCE SOUTH 00 DEOREES 04 MINUTES 26 SECONDS WEST ALONG SAID LAST DESCRIBED WEST LIn, 469.80 FEET TO THE PLACE OF BEGINNING, 'IN COON COUNTY, ILLINOIS b7- 3&- lo/ ob-1 07-36 -/0/ - D 1 -7 �saQ- s�� N2e Road, u1— btNi UT ;U ANWNA & PrLAUM 5-26—y2 1;12NM GhiUAGU- 1 llud ti'l't y1y9�S b EXHIBIT C EST THE EAST 20 FEET OF THE FOLLOWING DESCRIBED TRACT OF LAND; THE SOUTH 178 FEET OF THE NORTH 534 FEET (EXCEPT THE WEST 489.92 FEET THEREOF MEASURED ALONG THE NORTH LINE) OF THE NORTH 37 1/2 ACRES OF THE EAST 1/2 OF THE NORTHWEST 1/4 (EXCEPT THE EAST 5 ACRES THEREOF) OF SECTION 36, TOWNSHIP 41 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. 1 e...m.m C DECLARATION OF EASEMENTS THIS DECLARATION OF EASEMENTS is made the cg�day of , 1992 by and between Thomas R. Schreiner, Ruth Schreiner and Peter Thorkelson, as Trustee under Trust Agreement dated January 31, 1973 and known as Environmental Enterprises Profit, Inc. Sharing in Trust ("Grantor") and the Village of Elk Grove, State of Illinois (the "Village") and H.P. Elk Grove Limited Partnership, an Illinois limited partnership (the "Partnership") . WITNESSETH: WHEREAS, Grantor is the fe simple owner of the real estate commonly known as '701 MeaGm Rao , Elk Grove Village, Illinois and legally described on Exhibit A attached hereto and made a part hereof ("Grantor Parcel") ; and WHEREAS, in connection with the development of certain real property owned by the Partnership, which real property is legally described in Exhibit B attached hereto and made a part hereof, the Partnership has agreed to construct and install certain sanitary sewer facilities as depicted on those certain engineering plans (the "Plans") prepared by Cowhey Gudmundson Leder, Ltd. for Project No. 1096 (which Plans have been reviewed and approved by the Village of Elk Grove Engineering Department (the "Department") ; and WHEREAS, Grantor desires to grant certain easements over certain portions of the Grantor Parcel for the installation and maintenance of such sanitary sewer facilities thereunder. NOW, THEREFORE, in consideration of the premises contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follow: 1. Grant of Easements. Grantor hereby grants a perpetual non-exclusive easement over the real property legally described on Exhibit C attached hereto and made a part hereof (the "Easement Parcel") to the Village and its successors and assigns to install, lay, construct, repair, operate and maintain underground pipes, mains, and all other necessary equipment for the purpose of providing such sanitary sewer service. During the period of construction of the sanitary sewer system, Grantor also hereby grants to the Partnership a temporary, exclusive construction easement over the Easement Parcel for the purpose of laying, constructing, installing, repairing, inspecting and altering the sanitary sewer system described herein. Upon completion of such construction and installation, the Partnership shall remove all excavated materials and debris from the Easement Parcel and leave the Easement Parcel in a neat, clean and orderly condition. The Partnership agrees to restore any part of the Easement Parcel which is damaged by the laying, constructing, installing, repairing, inspecting and altering of the sanitary sewer system to their--- condition immediately before such damage. 2 . Acceptance by the Villacre of Elk Grove. After the construction and installation of the sanitary sewer system shall be completed in accordance with the Plans, the Partnership shall notify the Village to request an inspection of the sanitary sewer system. Provided that the Village shall approve the construction of such system in accordance with the Plans, the Village shall accept the system as a public utility system and shall be responsible for the maintenance, operation and repair of same. 3 . Use Restriction. No permanent buildings or trees shall be placed on the Easement Parcels but the same may be used for gardens, shrubs, landscaping and other purposes that shall not then or later interfere with the aforesaid uses or the rights herein granted. 4 . Running of Benefits and Burdens. The easements herein granted, together with the restrictions and obligations herein imposed, are easements appurtenant running with the land. These easements and obligations shall inure to the benefit of and be binding upon all present and future owners, purchasers, mortgagees, tenants, occupants, and any successors and assigns of the parties. IN WITNESS WHEREOF, this Declaration has been executed as of the day and date first above stated. Grantor: Thomas R. Schreiner, Ruth Schreiner and Peter Thorkelson, as Trustee under Trust Agreement dated January 31, 1973 and known as Environmental Enterprises Profit, Inc. Sharing in Trust Its: The Village of Elk Grove Attest: By: Patricia S. Smith, Village Clerk By Ann I. Head, Deputy Vlg. Clerk By: Charles J. Zettek Its: Charles J. Zettek, Village President 2 H.P. Elk Grove Limited Partnership Attest: By: Hamilton Pa tners Elk Grove, Inc. By. c/,� e By: Its. 104-ere' D�..� This Document was prepared by and should be returned to: Cathy L. Kahn, D'Ancona & Pflaum 30 N. LaSalle Street, Suite 2900, Chicago, Illinois 60602 3 STATE OF �i ) COUNTY OF SS Cy0 '\ ) I, �O�Er�E/ �• /2�rr �+ , a Notary Public, in and for said County, in the State aforesaid, do hereby certify that Thomas R. Schreiner, Ruth Schreiner and Peter Thorkelson personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such Trustees aad , appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their free and voluntary act and as the free and voluntary act of said Bank, for the uses and purposes therein set forth. Trust _� GIVEN under my hand and notarial seal this 2 day of 1992 . +l Notary Public (SEA L) G o2F LE i . rucL Type or Print Name Lorelei M.Krucld '' Notary Public,State of Illinois �; • MY Commission Expires 4/28N5 '; 'ii�rr�rnrrr��nr�nrnirrrrr���rna�nu�nra»i' 4 ' STATE OF ILLINOIS ) SS COUNTY OF Cook & DuPa4e I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY, that Charles J. Zettek , President t ie Village of Elk Grove, and Patricia S. Smith. ylg, Clark, by Ann I. Hea,.V. k*Agyy of such corporation, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such President and Vlg. Clerk gucugtawy, appeared before me this day in person and acknowledged that they signed, sealed and delivered the instrument as their free and voluntary act and as the free and voluntary act of said corporation, for the uses and purposes therein set forth. GIVEN under my hand and notary seal this day of 1992. Notary Public my Commission Expires: 5 STATE OF ILLINOIS ) SS COUNTY OF_:P c ) I, the undersigned, a Notary Public in and for the County and State aforgsaid�,,�,,DSO- HEREBY CERTIFY, that O(ZCU{n ra a q'GPrel& of Hamilton Partners Elk Grove, Inc. , an Illinoi corporation, the sole general partner of H.P. Elk Grove Limited Partnership, an Illinois limited partnership, and Secretary of such corporation, personally known to me to be the same persons whose names e subscribed to the foregoing instrument as such C�a1',' and Secretary, appeared before me this day in p rson and acknowledged that they signed, sealed and delivered the instrument as their free and voluntary act and as the free and voluntary act of said corporation, for the uses and purposes therein set forth. GIVEN under my hand and notary seal this day of 1992 . Notary Public My Commission Expires: OFFICIAL SEAL SUSAN 0.VOWY NOTARY PUOLIC STATE OF ILLO O1S %Y COMSSION EXP JIAY 72,1905 6 EXHIBIT A THE SOUTH 178 FEET OF THE NORTH 712 FEET OF THE NORTH 37.5 ACRES OF THE EAST 1/2 OF THE NORTHWEST 1/4 (EXCEPT THE EAST 5 ACRES THEREOF) OF SECTION 36, TOWNSHIP 41 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. P.Z.N. 0�7-3(4 -1 of - oa-7 c�s5 : '70I imeacharn Road EXHIBIT B THAT PART OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SECTION 36, TOWNSHIP 41 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS. BEGINNING AT THE INTERSECTION OF THE WEST LINE, AS STAKED AND OCCUPIED, OF THE EAST 286.87 FEET OF THE WEST 75 ACRES OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 36, BEING ALSO THE WEST LINE, AS STAKED AND OCCUPIED, OF SUNSET MANOR SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED APRIL 10, 1957 AS DOCUMENT NUMBER 16874058 WITH THE NORTHERLY LINE OF MERGE ROAD, AS WIDENED, ACCORDING TO THE PLAT OF DEDICATION RECORDED JANUARY 9, 1981 AS DOCUMENT NUMBER 25730867; THE FOLLOWING 3 COURSES ARE ALONG THE NORTHERLY LINE OF MERGE ROAD, AS WIDENED, ACCORDING TO THE PLAT OF DEDICATION RECORDED JANUARY 9, 1981 AS DOCUMENT NUMBER 257308671 THENCE SOUTH 87 DEGREES 09 MINUTES 31 SECONDS WEST, 488.89 FEET; THENCE NORTH 89 DEGREES O1 MINUTES 38 SECONDS WEST, 150.33 FEET; THENCE SOUTH 87 DEGREES 09 MINUTES 31 SECONDS WEST, 56.55 FEET; THENCE NORTH 00 DEGREES 08 MINUTES 26 SECONDS WEST PARALLEL WITH THE EAST LINE OF MEACHAM ROAD, AS WIDENED, BY PLAT OF DEDICATION RECORDED JANUARY 9, 1981 AS DOCUMENT NUMBER 25730867, 233.00 FEET; THENCE NORTH 89 DEGREES 51 MINUTES 34 SECONDS WEST AT RIGHT ANGLES TO SAID LAST DESCRIBED LINE, 190.00 FEET TO SAID EAST LINE OF MEACHAM ROAD, AS WIDENED, BY PLAT OF DEDICATION RECORDED JANUARY 9, 1981 AS DOCUMENT NUMBER 25730867; THENCE NORTH 00 DEGREES 08 _ MINUTES 26 SECONDS EAST ALONG SAID EAST LINE OF MEACHAM ROAD, AS WIDENED, 277.99 FEET TO A POINT 489.46 FEET SOUTH OF THE INTERSECTION OF SAID EAST LINE OF MEACHAM ROAD, AS WIDENED, WITH THE SOUGHT LINE OF NORTH 1602.00 FEET OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 36; THENCE SOO= 89 DEGREES 51 MINUTES 34 SECONDS EAST, 450.02 FEET; THENCE NORTH 00 DEGREES 08 MINUTES 26 SECONDS EAST, 40.00 FEET; THENCE SOUTH 89 DEGREES 51 MINUTES 34 SECONDS EAST, 280.00 FEET; THENCE SOUTH 00 DEGREES 08 MINUTES 26 SECONDS WEST, 55.00 FEET; THENCE SOUTH 89 DEGREES 51 MINUTES 34 SECONDS EAST, 155.00 FEET; TO AN INTERSECTION WITH THE WEST LINE, AS STAKED AND OCCUPIED, OF THE EAST 286.87 ,rftT OF THE WEST 75 ACRES OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 36, BEING ALSO THE WEST LINE, AS STAKED AND OCCUPIED, OF SUNSET MANOR SUBDIVISION, AFORESAID, THENCE SOUTH 00 DEGREES 08 MINUTES 26 SECONDS WEST ALONG SAID LAST DESCRIBED WEST LINE, 469.80 FEET TO THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS P=f�1, 0 � -7 Me-aJam auk, C(k6 e V( � , IS o - /,a q- Ne--T 6oS, Ef k-6czve V;l f(� ,zL— EXHIBIT C EASEMENT THE EAST 20 FEET OF THE FOLLOWING DESCRIBED TRACT OF LAND: THE SOUTH 178 FEET OF THE NORTH 712 FEET OF THE NORTH 37.5 ACRES OF THE EAST 1/2 OF THE NORTHWEST 1/4 (EXCEPT THE EAST 5 ACRES THEREOF) OF SECTION 36, TOWNSHIP 41 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. Eawm«N D DECLARATION OF EASEMENTS THIS DECLARATION OF EASEMENTS is made the 17thday of July 1992 by and between Chicago Title and Trust Company, as Trustee under Trust Agreement dated March 23, 1964 and known as Trust Number 46684 ("Grantor") and the Village of Elk Grove, State of Illinois (the "Village") and H.P. Elk Grove Limited Partnership, an Illinois limited partnership (the "Partnership") . Z NE SET : 9r Mea am Roa WHEREAS, Grant r is the fee simple owner of the real estate commonly known as Box 237,Meacham Rd. ,Unincorporated Cook Elk Grove Village, Illinois and legally described on Exhibit � attached hereto and made a part hereof ("Grantor Parcel") ;, and WHEREAS, in connection with the development of certain real property owned by the Partnership, which real property is legally described in Exhibit B attached hereto and made a part hereof, the Partnership has agreed to construct and install certain sanitary sewer facilities as depicted on those certain engineering plans (the "Plans") prepared by Cowhey Gudmundson Leder, Ltd. for Project No. 1096 (which Plans have been reviewed and approved by the Village of Elk Grove Engineering Department (the "Department") ) ; and WHEREAS, Grantor desires to grant certain easements over certain portions of the Grantor Parcel for the installation and maintenance of such sanitary sewer facilities thereunder. NOW, THEREFORE, in consideration of the premises contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follow: 1. Grant of Easements. Grantor hereby grants a perpetual non-exclusive easement in, under, across, along and upon the real property legally described on Exhibit C attached hereto and made a part hereof (the "Easement Parcel") to the Village and its successors and assigns to install, lay, construct, repair, operate and maintain pipes, mains, and all other necessary equipment, including without limitation above ground generators, for the purpose of providing such sanitary sewer service. During the period of construction of the sanitary sewer system, Grantor also hereby grants to the Partnership a temporary, exclusive construction easement over the Easement Parcel for the purpose of laying, constructing, installing, repairing, inspecting and altering the sanitary sewer system described herein. Upon completion of such construction and installation, the Partnership shall remove all excavated materials and debris from the Easement Parcel and leave the Easement Parcel in a neat, clean and orderly condition. The Partnership agrees to restore any part of the Easement Parcel which is damaged by the laying, constructing, installing, repairing, inspecting and altering of the sanitary sewer system to their condition immediately before such damage. 2 . Acceptance by the Village of Elk Grove. After the construction and installation of the sanitary sewer system shall be completed in accordance with the Plans, the Partnership shall notify the Village to request an inspection of the sanitary sewer system. Provided that the Village shall approve the construction of such system in accordance with the Plans, the Village shall accept the system as a public utility system and shall be responsible for the maintenance, operation and repair of same. 3. Use Restriction. No permanent buildings or trees shall be placed on the Easement Parcel by Grantor but the same may be used by Grantor for gardens, shrubs, landscaping and other purposes that shall not then or later interfere with the aforesaid uses or the rights herein granted. 4. Running of Benefits and Burdens. The easements herein granted, together with the restrictions and obligations herein imposed, are easements appurtenant running with the land. These easements and obligations shall inure to the benefit of and be binding upon all present and future owners, purchasers, mortgagees, tenants, occupants, and any successors and assigns of the parties. IN WITNESS WHEREOF, this Declaration has been executed as of the day and date first above stated. Grantor: Chicago Title and Trust Company as Trustee under Trust Agreement dated March 23, 19 W and known as Trust Attest: Number 4668 By: By: Its: assn. Parc 0 mmrr The Village of Elk Grove Attest: By: Patricia S. Smith Patricia S. Smit , V g. C erk By: Charles J. Zettek Its:By Ann I. Head, Deputy Vlg. Clerk Charles J. Zettek, age res en It n vpresely undrtShod and agreed by and between the parties hereto,anything herein to the contrary noMilhstinding, that each and all of the warranties,indemnitors,representations,covenants.undertakings and agreements herem made on the tart m the Trustee wbue in form purpodmg to the wmranbes,mdemmbes,representahpns,covenant;underlakmgs and egseemener of vA Trustee are nevertheless each and every one of them, made and intended not as personal warranties, mdemnitie, repeeeMalmn;cnvenam;undedakmge and agreeme..by the 1lustee or for the purpose ar with the ndenbpn o1 bmding said Trustee parsur.f, but are made and mtended for the purpose of bindmg only that portion9 f the trust p,.M ty sp,,jhcrjy descrihed herein,and My instrument is emcuted and ddiveted by said Trustee not m its own f ght,but solety In the aAOISIsa M 1M powers conferred upon It a such fuse,and that ne persunal hanky or pefspnal w,,Ms,budy is assumed by Or shall at My gore be asserted 01 eoftuceade egpnm the Ch¢ag0➢tte and Trust Company on attount Of this ms(rument or M attawd of any sewf.ft flMemnM.representation,covenant,undertak ng or agreement of Ne Sa,ILusWe�0 015 inNpmMr pMtel@d.either YpreWd M imphe0,all such personal habddy,g any,being eapressry waived and released. H.P. Elk Grove Limited Partnership Attest BY: Hamilton P ers Elk Grove, Inc. fit , By: Uva By:� Its: �hFt/t O �� This Document was prepared by and should be returned to: Cathy L. Kahn, D'Ancona & Pflaum 30 N. LaSalle Street, Suite 2900, Chicago, Illinois 60602 P. I.N. 3 STATE OF ILLINOIS ) SS COUNTY OF COO ) I, the undersigned, a Notary Public Z1d anfor the�ounty and State aforesaid, DO HEREBY CERTIFY, thato2z71-1y ,4-T9-Land ZL*/N6— JT6 ,VES , respectiy, of Ch'cago Title and Trust Company, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such AS T- ViGE fe.ES. and 4VST. SeGee7AR. , appeared before me this day in person and acknowledged that he signed, sealed and delivered the instrument as his free and voluntary act of said corporation, for the uses and purposes therein set forth. , GIVEN under my hand and notary seal this,L 2 2 199 day of 1992. &A� Notary Publi "OFFICIAL SEAL My Commission Expires: Carolyn Saul Notary Public,State of Plinois My Commission Expires 9/4/95 4 STATE OF ILLINOIS ) SS COUNTY OF �) I, the undersigned, a Notary Public in and for/ �the County and State afor sai , D HEREBY CERTIFY, that -InldYV `�Xfn9ii_7-61J , U y�ta-nom _ r0of Hamilton Partners Elk Grove, Inc. , an C�­'Illinois corporation, the sole general partner of H.P. Elk Grove Limited Partnership, an Illinois limited partnership, and Secretary of such corporation, personally known to me to be the same persons whose names are, subscribed to the foregoing instrument as such _CJ? s �nac� and Secretary, appeared before me this day in person and acknowledged that they signed, sealed and delivered the instrument as their free and voluntary act and as the free and voluntary act of said corporation, for the uses and purposes therein set forth. GIVEN under my hand and notary seal this day of 1992. otary Public My Commission Expires: OFFICIAL SEAL SUSAN 0.VONEY NOTARY MIC STP INOB 5 STATE OF ILLINOIS ) SS COUNTY OF Cook & DuPa4e I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY, that Charles J. Zettek , President t ie Village of Elk Grove, and Patricia S. Smith, V ,&, Clerk, by Ann I. Head,D.O. of such corporation, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such President and Vig. Clerk sa:ovakaW, appeared before me this day in person and acknowledged that they signed, sealed and delivered the instrument as their free and voluntary act and as the free and voluntary act of said corporation, for the uses and purposes therein set forth. GIVEN under my hand and notary seal this day of 1992 . Notary Public My Commission Expires: 5 EXHIBIT A THE SOUTH 444 .92 FEET OF THE NORTH 1156.92 FEET, BOTH AS MEASURED ALONG THE WEST LINE THEREOF, OF THAT PART OF THE NORTH 37 . 50 ACRES OF THE EAST 1/2 OF THE NORTHWEST 1/4 (EXCEPT THE EAST 5 ACRES THEREOF AND EXCEPTING THEREFROM THAT PART FALLING IN MEACHAM ROAD) OF SECTION 36, TOWNSHIP 41 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, iLLINOIS. 'I. M. 07-3(-, - 101 - 005 71Meacham R0a4 M %. l 4q Kecjam Ra4S ni�co� a etjed Cook &o , � U P EXHIBIT B THAT PART OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SECTION 36, TOWNSHIP 41 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE, AS STAKED AND OCCUPIED, OF THE EAST 286.87 FEET OF THE WEST 75 ACRES OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 36, BEING ALSO THE WEST LINE, AS STAKED AND OCCUPIED, OF SUNSET MANOR SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED APRIL 10, 1957 AS DOCUMENT NUMBER 16874058 WITH THE NORTHERLY LINE OF NERGE ROAD, AS WIDENED, ACCORDING TO THE PLAT OF DEDICATION RECORDED JANUARY 9, 1981 AS DOCUMENT NUMBER 25730867; THE FOLLOWING 3 COURSES ARE ALONG THE NORTHERLY LINE OF MERGE ROAD, AS WIDENED, ACCORDING TO THE PLAT OF DEDICATION RECORDED JANUARY 9, 1981 AS DOCUMENT NUMBER 25730867; THENCE SOUTH 87 DEGREES 09 MINUTES 31 SECONDS WEST, 488.89 FEET; THENCE NORTH 89 DEGREES 01 MINUTES 38 SECONDS WEST, 150.33 FEET; THENCE SOUTH 87 DEGREES 09 MINUTES 31 SECONDS WEST, 56.55 FEET; THENCE NORTH 00 DEGREES OB MINUTES 26 SECONDS WEST PARALLEL WITH THE EAST LINE OF MEACHAM ROAD, AS WIDENED, BY PLAT OF DEDICATION RECORDED JANUARY 9, 1981 AS DOCUMENT NUMBER 25730867, 233.00 FEET; THENCE NORTH 89 DEGREES 51 MINUTES 34 SECONDS WEST AT RIGHT ANGLES TO SAID LAST DESCRIBED LINE, 190.00 FEET TO SAID EAST LINE OF MEACHAM ROAD, AS WIDENED, BY PLAT OF DEDICATION RECORDED JANUARY 9, 1981 AS DOCUMENT NUMBER 25730867; THENCE NORTH 00 DEGREES 08 _ MINUTES 26 SECONDS EAST ALONG SAID EAST LINE OF MEACHAM ROAD, AS WIDENED, 277.99 FEET TO A POINT 489.46 FEET SOUTH OF THE INTERSECTION OF SAID EAST LANE OF MEACHAM ROAD, AS WIDENED, WITH THE SOUGHT LINE OF NORTH 1602.00 FEET OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 36; THENCE SOUTH 89 DEGREES 51 MINUTES 34 SECONDS EAST, 450.02 FEET; THENCE NORTH 00 DEGREES 08 MINUTES 26 SECONDS EAST, 40.00 FEET; THENCE SOUTH 89 DEGREES S1 MINUTES 34 SECONDS EAST, 280.00 FEET; THENCE SOUTH 00 DEGREES 08 MINUTES 26 SECONDS WEST, 55.00 FEET; THENCE SOUTH 89 DEGREES S1 MINUTES 34 SECONDS EAST, 155.00 FEET; TO AN INTERSECTION WITH THE WEST LINE, AS STAKED AND OCCUPIED, OF THE EAST 286.87 .FftT OF THE WEST 75 ACRES OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 36, BEING ALSO THE WEST LINE, AS STAKED AND OCCUPIED, OF SUNSET MANOR SUBDIVISION, AFORESAID, THENCE SOUTH 00 DEGREES 08 MINUTES 26 SECONDS WEST ALONG SAID LAST DESCRIBED WEST LINE, 469.80 FEET TO THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS Mtn - 0-1- 3(,o —/0/ — 00� 07 -3b - 10 I. EXHIBIT C EASEMENT THE EAST 20 FEET, AS MEASURED AT RIGHT ANGLES TO THE EAST LINE THEREOF, OF THAT PART OF THE SOUTH 444 .92 FEET OF THE NORTH 1156.92 FEET, BOTH AS MEASURED ALONG THE WEST LINE THEREOF, OF THAT PART OF THE NORTH 37. 50 ACRES OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SECTION 36, TOWNSHIP 41 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WEST OF THE EAST 5 ACRES OF SAID NORTHWEST 1/4, IN COOK COUNTY, ILLINOIS. Eaaamant D DECLARATION OF EASEMENTS THIS DECLARATION OF EASEMENTS is made the 17thday of July 1992 by and between Chicago Title and Trust Company, as Trustee under Trust Agreement dated March 23, 1964 and known as Trust Number 46684 ("Grantor") and the Village of Elk Grove, State of Illinois (the "Village") and H.P. Elk Grove Limited Partnership, an Illinois limited partnership (the "Partnership") . WITNESSETH: 725 Meacham Roa WHEREAS, Grant;r is the fee simple owner of the real estate commonly known as Box 237,Meacham Rd. ,Unincorporated Cook Cam LElk Grove Village, Illinois and legally described on Exhibit X attached hereto and made a part hereof ("Grantor Parcel") ; and WHEREAS, in connection with the development of certain real property owned by the Partnership, which real property is legally described in Exhibit B attached hereto and made a part hereof, the Partnership has agreed to construct and install certain sanitary sewer facilities as depicted on those certain engineering plans (the "Plans") prepared by Cowhey Gudmundson Leder, Ltd. for Project No. 1096 (which Plans have been reviewed and approved by the Village of Elk Grove Engineering Department (the "Department") ) ; and WHEREAS, Grantor desires to grant certain easements over certain portions of the Grantor Parcel for the installation and maintenance of such sanitary sewer facilities thereunder. NOW, THEREFORE, in consideration of the premises contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follow: 1. Grant of Easements. Grantor hereby grants a perpetual non-exclusive easement in, under, across, along and upon the real property legally described on Exhibit C attached hereto and made a part hereof (the "Easement Parcel") to the Village and its successors and assigns to install, lay, construct, repair, operate and maintain pipes, mains, and all other necessary equipment, including without limitation above ground generators, for the purpose of providing such sanitary sewer service. During the period of construction of the sanitary sewer system, Grantor also hereby grants to the Partnership a temporary, exclusive construction easement over the Easement Parcel for the purpose of laying, constructing, installing, repairing, inspecting and altering the sanitary sewer system described herein. Upon completion of such construction and installation, the Partnership shall remove all excavated materials and debris from the Easement Parcel and leave the Easement Parcel in a neat, clean and orderly condition. The Partnership agrees to restore any part of the Easement Parcel which is damaged by the laying, constructing, installing, repairing, inspecting and altering of the sanitary sewer system to their condition immediately before such damage. 2 . Acceptance by the Village of Elk Grove. After the construction and installation of the sanitary sewer system shall be completed in accordance with the Plans, the Partnership shall notify the Village to request an inspection of the sanitary sewer system. Provided that the Village shall approve the construction of such system in accordance with the Plans, the Village shall accept the system as a public utility system and shall be responsible for the maintenance, operation and repair of same. 3 . Use Restriction. No permanent buildings or trees shall be placed on the Easement Parcel by Grantor but the same may be used by Grantor for gardens, shrubs, landscaping and other purposes that shall not then or later interfere with the aforesaid uses or the rights herein granted. 4 . Running of Benefits and Burdens. The easements herein granted, together with the restrictions and obligations herein imposed, are easements appurtenant running with the land. These easements and obligations shall inure to the benefit of and be binding upon all present and future owners, purchasers, mortgagees, tenants, occupants, and any successors and assigns of the parties. IN WITNESS WHEREOF, this Declaration has been executed as of the day and date first above stated. Grantor: Chicago Title and Trust Company as Trustee under Trust Agreement dated March 23 , 1964 and known as Trust Attest Number 4668 0 By: �J By: Its• HSRT_ VIC 6MT The Village of Elk Grove Attest: By: Patricia S. Smith Patricia S. Smith, Village Clerk By: Charles J. Zettek Its:By Ann I. Head, Deputy Vlg. Clerk Charles J. Zettek, Village President It n expreby undefelood and agreed by end between the adie,hereto,anything herein to the contrary nolrante,andi"g, that a-I'and an of the warcannes,indemnities,representations,covenants,undertakings and agreemen6 herein made on the Dan m :ice while in loan purpoNng to the warranlres,rdemmhe'r representahen..covenant:undarlArIgs and agreements . , Slee are nevertheless eaob and every one of thein made and intended not a; IfMenal w11111he5, indemmhes, roeo-- rs,cprenaA undertakings and agreevnonts by the frusrJ�or for tire purpose 11 wrh the inlentrn of binding said Tally but are made and intended futhe pw pu,c p! ifmdrg only Ihzl 10rtmn of Ibe tmel prppmty sperfieally de11 1in.and this instrument Is e,md,d and delueed by said Trutlee nol in I,own ,Of but solely m the exermse til III,[� � "red upon It os such Guslee;and that no 01111"'1 habdny el personal respp,s@Arty 11 assumed by nor shalf at any m.. ..�erted or e"lomeable against be Chicago fille and ToA Company on aCCount of Jr.,mstrumenl or on account of any wau uar "'r.ty,repreuntatiao,covenant,undertaking or agreement of the Said Trustee to @n mslmment Contained,either exprery-t m rmDlred,all 11 peroonal liability.It any,berg eirpressly waned and released. H.P. Elk Grove Limited Partnership Attest: By: Hamilton Partner Elk Grove, Inc. By: This Document was prepared by and should be returned to: Cathy L. Kahn, D'Ancona & Pflaum 30 N. LaSalle Street, Suite 2900, Chicago, Illinois 60602 P.I.N. 3 STATE OF ILLINOIS ) ��rr ) SS COUNTY OF LSO L--- I , ) I , the undersigned, a Notary Public i and for, t e County and State a pr�esaid, DO HEREBY CERTIFY, that Do44� 7'11y &✓ 7`4L4 -4 y 10 and 67.¢!.16 TD N 67S , respectively, of Chicago Title and Trust Company, personally known to me to be the same persons whose n mes are subscribed to the foregoing instrument as such 'C 3 and .fST SE— appeared before me this day in person and acknowledged that he tigned, sealed and delivered the instrument as his free and voluntary act of said corporation, for the uses and purposes therein set forth. JUL 2 2 1992 GIVEN under my hand and notary seal this day of 1992. r Notary Publicy My Commission Expires: Caro[aomclft ry Publicllinoisommissio /4/95 4 STATE OF ILLINOIS ) SS COUNTY OF I, the undersigned, a Notary Public in and for the County and State aforesai H REBY CERTIFY, that �as�. > f Hamilton Partners Elk Grove, Inc. , an Illinois obrporation, the sole general partner of H.P. Elk Grove Limited Partnership, an Illinois limited partnership, and , Secretary of such corporation, personally known to me to be the same persons whose names e subscribed to the foregoing instrument as suchCtlLn��Pr� and Secretary, appeared before me this day in per&on and acknowledged that they signed, sealed and delivered the instrument as their free and voluntary act and as the free and voluntary act of said corporation, for the uses and purposes therein set forth. GIVEN under my hand and notary seal this day of 1992. Notary Public My Commission Expires: OFFICIAL SEAL SUSAN 0.VONEY NOTANV PUBLIC STATE OF ILLW OIS NY C*"SSION EXP JULY 22.1903 5 STATE OF ILLINOIS ) SS COUNTY OF Cook & DuPag)e I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY, that Charles J. Zettek , PresidenVi t Qf ie llage of Elk Grove, and Patricia S. Smith. Vlg. Clerk, by Ann I. Head n.V.,w& y of such corporation, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such President and Vlg. Clerk Swometawy, appeared before me this day in person and acknowledged that they signed, sealed and delivered the instrument as their free and voluntary act and as the free and voluntary act of said corporation, for the uses and purposes therein set forth. GIVEN under my hand and notary seal this day of 1992 . Notary Public My Commission Expires: S EXHIBIT A THE SOUTH 444 . 92 FEET OF THE NORTH 1156. 92 FEET, BOTH AS MEASURED ALONG THE WEST LINE THEREOF, OF THAT PART OF THE NORTH 37 . 50 ACRES OF THE EAST 1/2 OF THE NORTHWEST 1/4 (EXCEPT THE EAST 5 ACRES THEREOF AND EXCEPTING THEREFROM THAT PART FALLING IN MEACHAM ROAD) OF SECTION 36, TOWNSHIP 41 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS . P.SN. 07-3�- lol - Do5 Address : `725 Meacham Road EXHIBIT B THAT PART OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SECTION 36, TOWNSHIP 41 NORTH, RANGE 30, EAST OF THE THIRD PRINCIPF.L MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE, AS STAKED AND OCCUPIED, OF THE EAST 286.87 FEET OF THE WEST 75 ACRES OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 36, BEING ALSO THE WEST LINE, AS STAKED AND OCCUPIED, OF SUNSET MANOR SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED APRIL 10, 1957 AS DOCUMENT NUMBER 16674058 WITH THE NORTHERLY LINE OF MERGE ROAD, AS WIDENED, ACCORDING TO THE PLAT OF DEDICATION RECORDED JANUARY 9, 1981 AS DOCUMENT NUMBER 25730867; THE FOLLOWING 3 COURSES ARE ALONG THE NORTHERLY LINE OF MERGE ROAD, AS WIDENED, ACCORDING TO THE PLAT OF DEDICATION RECORDED JANUARY 9, 1981 AS DOCUMENT NUMBER 257308671 THENCE SOUTH 87 DEGREES 09 MINUTES 31 SECONDS WEST, 488.89 FEET; THENCE NORTH 89 DEGREES O1 MINUTES 38 SECONDS WEST, 150.33 FEET; THENCE SOUTH 87 DEGREES 09 MINUTES 31 SECONDS WEST, 56.55 FEET; THENCE NORTH 00 DEGREES 08 MINUTES 26 SECONDS WEST PARALLEL WITH THE EAST LINE OF MEACHAM ROAD, AS WIDENED, BY PLAT OF DEDICATION RECORDED JANUARY 9, 1981 AS DOCUMENT NUMBER 25730867, 233.00 FEET; THENCE NORTH 89 DEGREES 51 MINUTES 34 SECONDS WEST AT RIGHT ANGLES TO SAID LAST DESCRIBED LINE, 190.00 FEET TO SAID EAST LINE OF MEACHAM ROAD, AS WIDENED, BY PLAT OF DEDICATION RECORDED JANUARY 9, 1981 AS DOCUMENT NUMBER 25730867; THENCE NORTH 00 DEGREES 08 MINUTES 26 SECONDS EAST ALONG SAID EAST LINE OF MEACHAM ROAD, AS WIDENED, 277.99 FEET TO A POINT 489.46 FEET SOUTH OF THE INTERSECTION OF SAID EAST 19ME OF MEACHAM ROAD, AS WIDENED, WITH THE SOUGHT LINE OF NORTH 1602.00 FEET OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 36; THENCE SOUTH 89 DEGREES 51 MINUTES 34 SECONDS EAST, 450.02 FEET; THENCE NORTH 00 DEGREES 08 MINUTES 26 SECONDS EAST, 40.00 FEET; THENCE SOUTH 89 DEGREES S1 MINUTES 34 SECONDS EAST, 280.00 FEET; THENCE SOUTH 00 DEGREES 08 MINUTES 26 SECONDS WEST, 55.00 FEET; THENCE SOUTH 89 DEGREES 51 MINUTES 34 SECONDS EAST, 155.00 FEET; TO AN INTERSECTION WITH THE WEST LINE, AS STAKED AND OCCUPIED, OF THE EAST 286.87 .rf' T OF THE WEST 75 ACRES OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 3' , BEING ALSO THE WEST LINE, AS STAKED AND OCCUPIED, OF SUNSET MANOR SISDIVISION, AFORESAID, THENCE SOUTH 00 DEGREES O8 MINUTES 26 SECONDS WEST ALONG SAID LAST DESCRIBED WEST LINE, 469.80 FEET TO THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS � � pp 07-36 -/0/ ttdOUp�S : X61 -�/s 1 A"414 =L- 1�d0->S6� Ali cRaj) 6rnoe-V, Na EXHIBIT C EASEMENT THE EAST 20 FEET, AS MEASURED AT RIGHT ANGLES TO THE EAST LINE THEREOF, OF THAT PART OF THE SOUTH 444 . 92 FEET OF THE NORTH 1156. 92 FEET, BOTH AS MEASURED ALONG THE WEST LINE THEREOF, OF THAT PART OF THE NORTH 37 . 50 ACRES OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SECTION 36, TOWNSHIP 41 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WEST OF THE EAST 5 ACRES OF SAID NORTHWEST 1/4 , IN COOK COUNTY, ILLINOIS . Easement E DECLARATION OF EASEMENTS THIS DECLARATION OF EASEMENTS is made the day of , r , 1992 by and between Nicola V. Ruggieri and Grazia Ruggiee i (as joint tenants to an undivided one-fourth interest in the Grantor Parcel (as hereinafter defined) , Joseph Lampignano and Michael Lampignano (as joint tenants to an undivided one-fourth interest in the Grantor Parcel) and John Degidio and Rose Mary Degidio (as joint tenants to an undivided one-half interest in the Grantor Parcel) (collectively, "Grantor") and the Village of Elk Grove, State of Illinois (the "Village") and H.P. Elk Grove Limited Partnership, an Illinois limited partnership (the "Partnership") . WITNESSETH: WHEREAS, Grantor is the feesimple owner of the real estate commonly known as `751 M _,.Ch,m Road , Elk Grove Village, Illinois and legally described on Exhibit A attached hereto and made a part hereof ("Grantor Parcel") ; and WHEREAS, in connection with the development of certain real property owned by the Partnership, which real property is legally described in Exhibit B attached hereto and made a part hereof, the Partnership has agreed to construct and install certain sanitary sewer facilities as depicted on those certain engineering plans (the "Plans") prepared by Cowhey Gudmundson Leder, Ltd. for Project No. 1096 (which Plans have been reviewed and approved by the Village of Elk Grove Engineering Department (the "Department") ; and WHEREAS, Grantor desires to grant certain easements over certain portions of the Grantor Parcel for the installation and maintenance of such sanitary sewer facilities thereunder. NOW, THEREFORE, in consideration of the premises contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follow: 1. Grant of Easements. Grantor hereby grants a perpetual non-exclusive easement over the real property legally described on Exhibit C attached hereto and made a part hereof (the "Easement Parcel") to the Village and its successors and assigns to install, lay, construct, repair, operate and maintain underground pipes, mains, and all other necessary equipment for the purpose of providing such sanitary sewer service. During the period of construction of the sanitary sewer system, Grantor also hereby grants to the Partnership a temporary, exclusive construction easement over the Easement Parcel for the purpose of laying, constructing, installing, repairing, inspecting and altering the sanitary sewer system described herein. Upon completion of such construction and installation, the Partnership shall remove all excavated materials and debris from the Easement Parcel and leave the Easement Parcel in a neat, clean and orderly condition. The Partnership agrees to restore any part of the Easement Parcel which is damaged by the laying, constructing, installing, repairing, inspecting and altering of the sanitary sewer system to their condition immediately before such damage. 2 . Acceptance by the Village of Elk Grove. After the construction and installation of the sanitary sewer system shall be completed in accordance with the Plans, the Partnership shall notify the Village to request an inspection of the sanitary sewer system. Provided that the Village shall approve the construction of such system in accordance with the Plans, the Village shall accept the system as a public utility system and shall be responsible for the maintenance, operation and repair of same. 3 . Use Restriction. No permanent buildings or trees shall be placed on the Easement Parcel but the same may be used for gardens, shrubs, landscaping and other purposes that shall not then or later interfere with the aforesaid uses or the rights herein granted. 4. Running of Benefits and Burdens. The easements herein granted, together with the restrictions and obligations herein imposed, are easements appurtenant running with the land. These easements and obligations shall inure to the benefit of and be binding upon all present and future owners, purchasers, mortgagees, tenants, occupants, and any successors and assigns of the parties. IN WITNESS WHEREOF, this Declaration has been executed as of the day and date first above stated. Grantor: kola V. R/�u�ggier �/// SA lwfA'Lb� Ctea iz lzA azia Ru gie ose h Lampignarto Michael Lampignano � 2 L J hn Degidio o ` Ros /Mary Degididy The Village of Elk Grove Attest: By: Patricia S. Smith Patricia S. Sm1-tF,-71I1a`ge Clerk By: Charles J. Zettek By Ann I. Head, Deputy Vlg. Clerk Its: Charles J. Zettek, Village President H.P. Elk Grove Limited Partnership Attest: By: Hamilton Par ers Elk Grove, Inc. By: By: Its: IflC-1— pfiAS .rf This Document was prepared by and should be returned to: Cathy L. Kahn, D'Ancona & Pflaum 30 N. LaSalle Street, Suite 2900, Chicago, Illinois 60602 3 STATE OF ILLINOIS ) j SS COUNTY OF Cook ) I , the undersigned, a Notary Public in and fo the County and State aforesaid, DO HEREBY CERTIFY, that ITOSej7� rn ICGY1Q/10 personally known to me to be the same pe son whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that (A he signed, sealed and delivered the instrument as his/her free and voluntary act, for the uses and purposes therein set forth. h GIVEN under my hand and notary seal this ?-f j- day of 1992 . &L Notary Public My Commission Expires: CcFICIADOMENICALRUG IERI 11 AL- NOTARY PUBLIC. STATE OF ILLINOIS STATE OF ILLINOIS ) _' COMMISSION EXPIRES 2/16194 SS COUNTY OF GAO ) I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY, that Mirhae( L M12iQNP6, personally known to me to be the same person whose ' erAme is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that (s)he signed, sealed and delivered the instrument as his/her free and voluntary act, for the uses and purposes therein set forth. GIVEN under my hand and notary seal this ,2& day of Afrd , 1992 . LW4 Notary Public My Commission Expires: OFFICIAL SEAL DOMENICA RUGGIERI NOTARY PUBLIC, STATE OF ILLINOIS MY C0"At5 PIRES 2/16194 4 STATE OF ILLINOIS ) SS COUNTY OF GOOIL ) I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY, that Vi+n N• —Kggaieri , personally known to me to be the same person 4whose name is subscribed to the foregoing instrument, 'appeared before me this day in person and acknowledged that (p)he signed, sealed and delivered the instrument as his/her free and voluntary act, for the uses and purposes therein set forth. GIVEN under my hand and notary seal this 294) day of April , 1992. Notary Public My Commission Expires: OFF t , DOMENICA RUGGIERI NOTARY PUBLIC. STATE OF ILLINOIS STATE OF ILLINOIS ) MY COMMISSION ' P!?rS 2/16/94 SS COUNTY OF Cco�- ) I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY, that Cr7Me-ICc. �2uQAier� , personally known to me to be the same person who name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that (s)he signed, sealed and delivered the instrument as his/her free and voluntary act, for the uses and purposes therein set forth. GIVEN under my hand and notary seal this -28-6) day of Aprd , 1992. Notary Public My Commission Expires: " OFFICIAL SEAL DOMENICA RUGGIERI (" , 1qG+ NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 2/16/94 5 STATE OF ILLINOIS ) SS COUNTY OF Dv q. ) I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY, that To L'� D2g L' ,Uy , 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 (s)he signed, sealed and delivered the instrument as his/her free and voluntary act, for the uses and purposes therein set forth. IVEN under my hand and notary seal this 3 day of 1992 . /' /�C— . Notary Public My Commission Expires: OFFICIAL SEAL " LISA MILLER NOTARY PUBLIC. STATE OF ILLINOIS MY COMMISSION EXPIRES 9/24/95 6 STATE OF ILLINOIS ) SS COUNTY OF ` _ ) I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY, that 'al'o'al' , Illinois corporation, the sole general re, lk Grove Limited Partnersh' s united partnership, and personally known to me to be the same person¢ whose namew is subscribed to the foregoing instrument as such President and Segretary, appeared before me this day in person and acknowledged that she signed, sealed and delivered the instrument as her free and voluntary act and as the `Eee and ^^'^ tar ae` for the uses and purposes therein set forth. VEN under my hand and notary seal this , `" day of 1992. Z� Notary Public My Commission Expires: 9� 9� OFFICIAL SEAL " LISA MILLER NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 9/24/95 7 STATE OF ILLINOIS ) SS COUNTY OF Cook & DuPa4e I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY, that Charles J. Zettek , President etre Village of Elk Grove, and Patricia S. Smith. Vle. Clerk, by Ann I. Hea3; V. of such corporation, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such President and V19. Clerk swozwtavy, appeared before me this day in person and acknowledged that they signed, sealed and delivered the instrument as their free and voluntary act and as the free and voluntary act of said corporation, for the uses and purposes therein set forth. GIVEN under my hand and notary seal this day of 1992. Notary Public My Commission Expires: STATE OF ILLINOIS ) SS COUNTY OE ttc ) I, the undersigned, a Notary Public in nd for the County/and State aforesai ,��QO fjEREBY CERTIFY, that V//-:z 4/Zn 70N , oqa. i yam( of Hamilton Partners Elk Grove, Inc. , an Illinois corporation, the sole general partner of H.P. Elk Grove Limited Partnership, an Illinois limited partnership, and Secretary of such corporation, personally known to me to be the same persons whose namea subscribed to the foregoing instrument as such aw,ma'Ihlr � and Secretary, appeared before me this day in person and acknowledged that they signed, sealed and delivered the instrument as their free and voluntary act and as the free and voluntary act of said corporation, for the uses and purposes therein set forth. GIVEN under my hand and notary seal this day of 1992. tary Public My Commission Expires: OFFICIAL SEAL SUSAN 0.VONEY NOTARY PUBLIC STATE OF ILLINOIS MY COMSSION EXP JULY 22.1"3 9 EXHIBIT A PARCEL 1: THE EAST 800 FEET OF THE NORTH 98 FEET OF THE SOUTH 178 FEET OF THE NORTH 37.5 ACRES OF THE EAST 1/2 OF THE NORTHWEST 1/4 (EXCEPT THE EAST 5 ACRES THEREOF) OF SECTION 36, TOWNSHIP 41 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 2: THE EAST 800 FEET OF THE SOUTH 80 FEET OF THE NORTH 37 .5 ACRES OF THE EAST 1/2 OF THE NORTHWEST 1/4 (EXCEPT THE EAST 5 ACRES THEREOF) OF SECTION 36, TOWNSHIP 41 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. 0-7 - 36 - 101 - OaS Akq�s t 751 meachom Roctj EXHIBIT B THAT PART OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SECTION 36, TOWNSHIP 41 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE, AS STAKED AND OCCUPIED, OF THE EAST 286.87 FEET OF THE WEST 75 ACRES or THE EAST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 36, BEING ALSO THE WEST LINE, AS STAKED AND OCCUPIED, OF SUNSET MANOR SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED APRIL 10, 1957 AS DOCUMENT NUMBER 16874058 WITH THE NORTHERLY LINE OF MERGE ROAD, AS WIDENED, ACCORDING TO THE PLAT OF DEDICATION RECORDED JANUARY 9, 1981 AS DOCUMENT NUMBER 25730867; THE FOLLOWING 3 COURSES ARE ALONG THE NORTHERLY LINE OF NERGE ROAD, AS WIDENED, ACCORDING TO THE PLAT OF DEDICATION RECORDED JANUARY 9, 1981 AS DOCUMENT NUMBER 257308677 THENCE SOUTH 87 DEGREES 09 MINUTES 31 SECONDS WEST, 488.89 FEET; THENCE NORTH 89 DEGREES 01 MINUTES 38 SECONDS WEST, 150.33 FEET; THENCE SOUTH 87 DEGREES 09 MINUTES 31 SECONDS WEST, 56.55 FEET) THENCE NORTH 00 DEGREES 08 MINUTES 26 SECONDS WEST PARALLEL WITH THE EAST LINE OF MEACHAM ROAD, AS WIDENED, BY PLAT OF DEDICATION RECORDED JANUARY 9, 1981 AS DOCUMENT NUMBER 25730867, 233.00 FEET; THENCE NORTH 89 DEGREES 51 MINUTES 34 SECONDS WEST AT RIGHT ANGLES TO SAID LAST DESCRIBED LINE, 190.00 FEET TO SAID EAST LINE OF MEACHAM ROAD, AS WIDENED, BY PLAT OF DEDICATION RECORDED JANUARY 9, 1981 AS DOCUMENT NUMBER 25730867$ THENCE NORTH 00 DEGREES 08 _ MINUTES 26 SECONDS EAST ALONG SAID EAST LINE Or MEACHAM ROAD, AS WIDENED, 277.99 FEET TO A POINT 489.46 FEET SOUTH OF THE INTERSECTION OF SAID EAST blNE OF MEACHAM ROAD, AS WIDENED, WITH THE SOUGHT LINE OF NORTH 1602.00 FEET OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 367 THENCE SOUTH 89 DEGREES 51 MINUTES 34 SECONDS EAST, 4SO.02 FEET; THENCE NORTH 00 DEGREES 08 MINUTES 26 SECONDS EAST, 40.00 FEET; THENCE SOUTH 89 DEGREES 51 MINUTES 34 SECONDS EAST, 280.00 FEET; THENCE SOUTH 00 DEGREES 08 MINUTES 26 SECONDS WEST, 55.00 FEET; THENCE SOUTH 89 DEGREES 51 MINUTES 34 SECONDS EAST, 155.00 FEET; TO AN INTERSECTION WITH THE WEST LINE, AS STAKED AND OCCUPIED, OF THE EAST 286.87 .FST OF THE WEST 7S ACRES OF THE EAST 1/2 OF THE NORTHWEST 1/4 Or SAID SECTION 36, BEING ALSO THE WEST LINE, AS STAKED AND OCCUPIED, OF SUNSET MANOR SUBDIVISION, AFORESAID, THENCE SOUTH 00 DEGREES 08 MINUTES 26 SECONDS WEST ALONG SAID LAST DESCRIBED WEST LINE, 469.80 FEET TO THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS 07-3(0-1171 - DO-7 o�— 36- I o) d 1 -7 EXHIBIT C EASEMENT THE EAST 20 FEET OF THE FOLLOWING DESCRIBED TRACTS OF LAND: PARCEL 1: THE EAST 800 FEET OF THE NORTH 98 FEET OF THE SOUTH 178 FEET OF THE NORTH 37.5 ACRES OF THE EAST 1/2 OF THE NORTHWEST 1/4 (EXCEPT THE EAST 5 ACRES THEREOF) OF SECTION 36, TOWNSHIP 41 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 2 : THE EAST 800 FEET OF THE SOUTH 80 FEET OF THE NORTH 37.5 ACRES OF THE EAST 1/2 OF THE NORTHWEST 1/4 (EXCEPT THE EAST 5 ACRES THEREOF) OF SECTION 36, TOWNSHIP 41 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.