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R-32-07 03/26/2007RESOLUTION .3a-07 RESOLUTION ACCEPTING A WATER MAIN AND SANITARY SEWER FORCE MAIN EASEMENT (MALEY ROAD TO WORKMAN PROPERTY) 071SZIS" 1 Co 11 /01 C0.S / - Aki•(- WHEREAS, the Village of Lemont has requires an Easement from the Cog Hill for a water main extension from Maley Road to the Workman property, and WHEREAS, said Permanent Water Main and Sanitary Sewer Force Main Easement allows for the water main extension and sanitary sewer force main to be properly located in a dedicated easement, NOW THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Lemont that the Permanent Water Main and Sanitary Sewer Force Main Easement attached hereto is hereby approved, PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DuPAGE, ILLINOIS, on this _ 26th day of March, 2007.. Debby Blatzer Peter Coules Clifford Miklos Brian Reaves Ronald Stapleton Jeanette Virgilio AYES V v NAYS PASSED ABSENT Approved by me this 26th day of March, 2007. Attest: CHARLENE SMOLLEN, Village Clerk Approved as to form: Date: HARLENE SMOLLEN, Village Clerk F /MN F. PIAZZA, Vill JOHN ANTONOPOULOS, Village Attorney SEWER AND WATER EASEMENT THIS GRANT OF EASEMENT, made this 15th day of December, 2006, from COOK GOLF PROPERTIES, INC., of the Village of Lemont, State of Illinois, 60439 (hereinafter referred to as "Grantor"), to the VILLAGE OF LEMONT, a Municipal Corporation organized and existing under the laws of the State of Illinois (hereinafter referred to as the "Village "), having its principal office at 418 Main Street, Lemont, Illinois 60439. WITNESSETH: i N Doc #: 07 5215091 Fee: $48.00 Eugene "Gene" Moore Cook County Recorder of Deeds Date: 06/01/2007 11:43 AM Pg: 1 of 13 WHEREAS, the Village has requested a Sanitary Sewer and Water Main Easement under certain property that is owned by the Grantor; and WHEREAS, the Grantor has agreed to grant the sanitary sewer and water main easement to the Village based upon the express condition and agreement by the Village that the only properties that may be benefitted and connect to the sanitary sewer and water main shall only be properties depicted in the service area attached as Exhibit C. NOW, THEREFORE, in consideration of the mutual benefit of the parties and the waiver for the property described in attached Exhibit A of any current or future recapture fee and the agreement that there will be no special assessment for sewer and water mains and appurtenances affecting the property described in Exhibit A , the Grantor does hereby bargain, sell, grant, transfer and convey to the Village and its successors and assigns, the perpetual easement, for the purpose to construct, reconstruct, repair, replace, operate, and maintain one twelve -inch (12 ") public water and one six inch (6 ") sanitary sewer force main under and through the following described premises that is hereafter described on the attached Exhibit B ( "Sanitary Sewer and Water Easement Area ") which is hereby incorporated into and made a part of this Easement for the benefit area described in Exhibit C. IN CONSIDERATION of the grant of the perpetual easement, right, privilege and authority herein contained, this Sanitary Sewer and Water Main Easement is subject to the following conditions: FIRST: Said part of the Sanitary Sewer and Water Main Easement shall be constructed by the open cut method of construction under and through the Sanitary Sewer and Water Easement Area described in Exhibit B, either of ductile iron pipe or other materials that the Village Engineer deems advisable, and in accordance with the specifications and plans approved by the Village Engineer. The Village shall not install anything above ground in the Sanitary Sewer and Water Easement Area except for water hydrants. The construction will be in accordance with plans and specifications that have been approved by the Grantor, which plans and specifications are currently on file with the Village of Lemont and in the possession of the Grantor. The plans and specifications were prepared by Frank Novotny & Associates, Inc. entitled "Village of Lemont Main Street Water Main Extension" consisting of eleven (11) pages identified by Project No. 06336 with revisions of January 15, 2007 and February 13, 2007. SECOND: Further, all obligations and indemnifications by Village to Grantor in this Easement shall apply to any Contractors to the same extent as applicable to the Village. THIRD: The rights and obligations of the Grantor and the Village respectively hereunder shall inure to the benefit of and be binding upon their respective successors and assigns, and all terms, conditions and covenants herein shall be construed as covenants running with the land. FOURTH: The Grantor may use the Sanitary Sewer and Water Main Easement Area in, above, under and across for any use or purpose, it being understood, however, that such use shall not unreasonably interfere with or damage the sewer and water main of the Village, and that the Village shall have the right of access to the Sanitary Sewer and Water Main Easement Area at all times for the purpose of reconstruction, repair, maintenance or operation of the water line, provided, however, Village, shall, except for emergencies, give at least 48 hours' written notice to Grantor and shall not disrupt any of the Cog Hill operations, or access to Cog Hill Golf and Country Club. As a part of any reconstruction, repair or maintenance to the sanitary sewer and water main or appurtenances, the Sanitary Sewer and Water Easement Area easement and surrounding premises shall be returned to the same condition existing priorto such reconstruction, repair or maintenance. FIFTH: The Grantor and its successors, assigns, and beneficiaries, shall have the right, upon proper application and approval of a permit, to connect to the sanitary sewer and water main within the Sanitary Sewer and Water Easement Area to serve all or a portion of the Grantor's properties described in Exhibit A, without annexation to the Village, for the existing homes located on the Grantor's property, but for any new development on Grantor's property, Grantor shall also file a Petition to Annex to the Village for such portion of the Exhibit A Property as Grantor applies to be served by the Sanitary Sewer and Water Main for the new development. There shall be no time limit for the Grantor to request connection to the Village's sanitary sewer and water main within the Sanitary Sewer and Water Easement Area. Grantor shall pay the usual and customary fees for connection with said sanitary sewer and water main. SIXTH: The Village shall, after the sanitary sewer and water main is constructed, restore the Sanitary Sewer and Water Easement Area substantially to its original condition. SEVENTH: Whenever written approval is required hereunder, such written approval shall not be unreasonably withheld.. EIGHTH: Village warrants and guarantees that there shall be no construction on or under the paved blacktop roadway area (i.e., "paved roadway ") except for tunneling under said paved roadway. In addition all construction equipment and personnel shall stay off the paved roadway so that no portion of either lanes of the Sag- Lemont paved roadway shall be at any time closed to traffic. NINTH: Village shall provide the Grantor with as -built plans of both the sewer and water mains and appurtenances within ninety (90) days after completion of construction.. TENTH: The properties that may be benefitted by the sanitary sewer and water mains placed by the Village in the Sanitary Sewer and Water Easement Area, now and at any time in the future, shall always be limited to property shown in the service area attached as Exhibit C. The Village shall not extend the sanitary sewer and water mains serviced by the Sanitary Sewer and Water Easement Area to any areas outside the service area depicted in Exhibit C and shall not permit any properties to tap onto the Village's sanitary sewer and water mains at any point outside the service area depicted in Exhibit C. ELEVENTH: Village further agrees that it shall not place any other utilities or any other improvements of any kind in the Sanitary Sewer and Water Easement Area except for utilities shown on Exhibit B. TWELFTH: Wherever the term Cook Golf, Cog Hill or Grantor is used, the following entities, which include operating entities at Cog Hill, shall be deemed to have the benefit of the terms of this 2 Easement, including, but not limited to Paragraph Fifth, as if they had been named. Those entities are: Cook Golf Properties, Inc. Cog Hill Golf & Country Club, Inc. Cog Hill Second, Inc. Cog Hill Third, Inc. Dubsdread, Inc. Cog Hill Concessions, Inc. Fresh Meadow Golf and Country Club, Inc. Chicago Title & Trust Company as Trustee under Trust Number 55281 First National Bank of Evergreen Park, as Trustee under Trust Agreement dated October 6, 1989, and known as Trust No. 10894 THIRTEENTH: Construction activities performed by the Village or its Contractors in the Sanitary Sewer and Water Easement Area of the Development, or any portion thereof: (a) shall be performed in good faith and workmanlike manner so as not to unreasonably disturb the operation of any business conducted upon Grantor's property, and once commenced, such work will be diligently pursued to completion; and (b) Any grading or construction in the Sanitary Sewer and Water Easement Area shall be repaired and restored within 30 days to its prior existing condition in a prompt and workmanlike manner. FOURTEENTH: Indemnification. The Village, its agents and contractors, shall indemnify and save harmless the Grantor, its directors, officers, employees and agents from and against any and all liabilities, damages, penalties or judgments, any and all actions, suits, proceedings, claims, demands, assessments, costs and expenses, including without limitations, reasonably legal fees and expenses, incurred in enforcing this indemnity, arising from injury to person or property sustained by anyone in and about the Sanitary Sewer and Water Easement Area resulting from any act or commission of the Village, its employees, agents or contractors. The Village shall, at its own cost and expense, defend any and all suits or actions, just or unjust, which may be brought against the Grantor or in which the Grantor may be impleaded with others upon any such above - mentioned matter, claim or claims. FIFTEENTH: Village agrees to require its contractor to name the Grantor and /or any of its affiliates or entities as an additional party insured on all policies of insurance for the construction of the work to be performed within the Sanitary Sewer and Water Easement Area with limits of not less than Five Million Dollars ($5,000,000.00). SIXTEENTH: Remedies and Enforcement. (a) All Legal and Equitable Remedies Available. In the event of a breach or threatened breach by the Village or Grantor (collectively, jointly or severally, the "Defaulting Owner") of any of the terms, covenants, restrictions or conditions hereof, the other non - defaulting owner shall be entitled forthwith to full and adequate relief by injunction and/or all such other available legal and equitable remedies from the consequences of such breach from the Defaulting Owner. (b) Self -Help. In addition to all other remedies available at law or in equity, upon the failure of a Defaulting Owner to cure a breach of this Easement Agreement within thirty (30) days following written notice thereof by the Non - Defaulting Owner (unless, with respect to any such breach the nature of which cannot reasonably be cured within such 30 -day period) the Defaulting Owner shall have the right to perform such obligations contained in this Easement Agreement on behalf of such Defaulting Owner and be reimbursed by such Defaulting Owner upon demand for reasonable costs thereof together with interest at the Prime Rate charged from time to time by 3 CitiBank (its successors or assigns) as published in the Wall Street Journal plus three percent (3 %) per annum (not to exceed the maximum rate of interest allowed by law). Notwithstanding the foregoing, in the event of an emergency the Non - Defaulting Owner may immediately cure the same, without notice, and be reimbursed by the Defaulting Owner upon demand for the reasonable costs thereof together with interest at the Prime Rate, plus three percent (3 %), as above described. (c) Attorneys' Fees. In any legal or equitable proceeding to determine the rights of the parties to enforce or restrain the breach of this Easement Agreement, the losing party or parties, as determined by the court, hearing officer, other tribunal or arbiter utilized for this purpose, shall pay the reasonable attorneys' fees, legal costs and expenses of the prevailing party or parties. (d) Remedies Cumulative. The remedies specified herein shall be cumulative and in addition to all other remedies permitted at law or in equity. IN WITNESS WHEREOF, the Grantor and the Village have executed this instrument , and have hereunto set their hands and seals on the day and date first written above, hereby releasing and waiving all rights under and by virtue of the Homestead Exemption Laws of the State of Illinois. COOK GOLF PROPERTIES, INC. Attest: By: Iiat444 State of Illinois County of Cook ). I, the undersigned, a Notary Public in and for said County in the State aforesaid, DO HEREBY CERTIFY, that COOK GOLF PROPERTIES, INC., by Frank Jemsek, its President, and Nick Mokelke, its Assistant Secretary, are personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act, for the uses and purposes therein set forth, including the release and waiver of the right of homestead. Given under my hand and official seal this day of a4 St o /a .1v'dh aas7 OFFICIAL SEAL JUDITH K MOKELKE STATE NOTARY PUBLIC - MY COMMISSION E XPIRES:07/2M10 ary Public NSENT BY VILLAGE OF LEMONT The Village of Lemont hereby accepts the within Water Main Easement and agrees to be bound by the terms and conditions set forth therein. Attest: 4h1arlen len, Village Clerk VILLAGE OF LEMONT A Municipal Corporation By: This document prepared by: John P. Antonopoulos, Antonopoulos & Virtel, P.C. 15419 127th Street, Suite 100, Lemont, Illinois 60439 (630) 257 -5816 c: /coleen/village /sewer easement, cook golf:2 /22/07 4 EXHIBIT A ALL PROPERTY NORTH OF ARCHER AVENUE OWNED BY COOK GOLF PROPERTIES. INC. THAT PART OF SECTIONS 14, 15, 22, 23 AND 27 IN TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 22; THENCE NORTH 89 °54'50" WEST, 1,350.89 FEET ON THE SOUTH LINE OF SAID SECTION 22; THENCE SOUTH 00 °16'54" WEST, ON THE WEST LINE OF THE EAST 35 LINKS OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 27, A DISTANCE OF 1,357.76 FRET TO THE CENTERLINE OF ARCHER ROAD; THENCE SOUTH 47 °22'50" WEST, ON THE CENTERLINE OF ARCHER ROAD, A DISTANCE OF 891.16 FEET TO THE NORTHEAST LINE OF THE LAND LABELED PARCEL 19C TAKEN FOR RIGHT--OF -WAY ACCORDING TO DOCUMENT NO. 25325121; THENCE NORTHWESTERLY AT RIGHT ANGLES TO THE CENTER OF ARCHER ROAD, A DISTANCE OF 33.00 FEET; THENCE SOUTHWESTERLY ALONG SAID RIGHT- OF--WAY LINE, A DISTANCE OF 432.80 FEET TO A POINT INTERSECTING A LINE 42.0 FEET NORTHWEST OF AND PARALLEL WITH THE CENTER OF ARCHER ROAD AND A LINE 418.00 FEET NORTHEASTERLY OF THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION 27, AS MEASURED ON THE CENTERLINE OF ARCHER ROAD; THENCE NORTH PARALLEL WITH THE WEST LINE OF SAID NORTHEAST QUARTER, 151.63 FEET TO A POINT WHICH IS 209.00 FEET NORTH OF THE CENTERLINE OF ARCHER ROAD, MEASURED . ON SAID PARALLEL LINE; THENCE SOUTHWESTERLY PARALLEL WITH THE CENTERLINE OF ARCHER ROAD, 209.00 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID NORTHEAST QUARTER, 151.63 FEET TO THE NORTH LINE OF ARCHER ROAD ACCORDING TO SAID DOCUMENT NO. 25325121; THENCE SOUTHWEST ON SAID NORTH LINE OF ARCHER ROAD, BEING A LINE 42.00 FEET NORTHWEST OF AND PARALLEL WITH THE CENTER OF ARCHER ROAD, TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 27; THENCE SOUTH 89 °57'42" WEST, ON. THE SOUTH LINE Q%' SAID NORTHWEST QUARTER TO THE WEST LINE OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 27; THENCE NORTH 00 °23'1.1" EAST, ON SAID WEST LINE, A DISTANCE OF 2,652.83 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 27, ALSO BEING THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 22; THENCE NORTH 00 °22'26" EAST, ON THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 27, A DISTANCE OF 1,:125.54 FEET; TO THE NORTH LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER; !THENCE SOUTH 89 °59'020 EAST, ON THE NORTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 666.31 FEET TO THE WEST LINE OF THE EAST 40 RODS OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 22; THENCE NORTH 00 °22'47" EAST.', ON SAID WEST LINE, A DISTANCE OF 132.00 FEET TO THE NORTH LINE OF THE SOUTH 8 RODS OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 22; THENCE SOUTH 89 °59,020 EAST, ON THE NORTH LINE OF SAID SOUTH 8 RODS, A DISTANCE OF 660.00 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER OF SECTION 22; THENCE NORTH 00 °22'47" EAST, ON THE EAST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 1,194.71 FEET TO THE CENTER OF SAID SECTION 22; THENCE NORTH 89 °57'55" EAST, ON THE NORTH LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER Or SAID 1 SECTION 22, A DISTANCE OF 1,330.01 TO THE WEST LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 22; THENCE NORTH 00 °25157" EAST, 1,264.11 FEET ON THE WEST LINE OF THE EAST HALF OF SAID NORTHEAST QUARTER; THENCE NORTH 88 °39'38" WEST, 153.32 FEET; THENCE NORTH 13 °23/07" EAST, 53.79 FEET; THENCE NORTH 28 °10146" EAST, 153.79 FEET; THENCE NORTH 16 °00108" WEST, 72.06 FEET; THENCE NORTH 61°38'14" WEST, 41.99 FEET; THENCE NORTH 05 °22118" EAST, 169.17 FEET; THENCE NORTH 68°30'41" EAST, 66.12 FEET; THENCE NORTH D4 °30110" WEST, 183.32 FEET; THENCE NORTH 67 °26/20" WEST, 261.50 FEET; THENCE NORTH 23 °5Z/59" WEST, 93.10 FEET TO THE SOUTH LINE OF SAG- LEMONT ROAD; THENCE NORTH 66 °06/52" EAST ON THE SOUTH LINE OF SAG - LEMONT ROAD, A DISTANCE OF 381.41 FEET TO THE WEST LINE OF THE EAST HALF OF THE NORTHEAST QUARTER; THENCE NORTH ON THE SAID WEST LINE OF THE EAST HALF OF SAID NORTHEAST QUARTER TO THE NORTH LINE OF SAID SECTION 22; THENCE EAST ON THE NORTH LINE OF SAID SECTION 22, TO A POINT 655.81 FEET WEST OF THE NORTHEAST CORNER OF SAID SECTION; THENCE NORTHEASTERLY ALONG A LINE WHICH IS PARALLEL WITH THE NORTHWESTERLY LINE OF SAG - LEMONT ROAD 122.10 FEET; THENCE MEASURE NORTHEASTERLY 254.30 FEET ALONG A CURVE TO THE LEFT, THE RADIUS OF WHICH IS 1,452.40 FEET AND WHICH IS TANGENT TO THE LAST DESCRIBED COURSE; THENCE MEASURE NORTHEASTERLY 312.50 FEET ALONG A RIGHT LINE WHICH IS TANGENT TO THE LAST DESCRIBED COURSE AND WHICH IS PARALLEL WITH THE NORTHWESTERLY LINE OF SAG - LEMONT ROAD .TO A POINT ON THE EAST LINE OF SECTION 15, SAID POINT BEING 201.20 FEET AS MEASURED ALONG SAID EAST LINE, NORTH OF THE SOUTHEAST CORNER OF SECTION 15; THENCE SOUTH ON SAID EAST LINE OF THE SOUTHEAST QUARTER TO THE NORTHERLY LINE OF SAG-LEMONT ROAD; THENCE EAST ON THE NORTH LINE OF SAG - LEMONT ROAD, TO THE EAST LINE OF THE WEST 436 FEET OF THE SOUTHWEST QUARTER OF SECTION 14; THENCE SOUTH ON THE EAST LINE OF THE WEST 43B FEET TO THE CENTERLINE OF SAG - LEMONT ROAD; THENCE EASTERLY ALONG THE CENTERLINE OF SAG- LEMONT ROAD TO THE EAST LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 14; THENCE SOUTH ON THE SAID EAST LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 14, TO THE SOUTH LINE OF SAG - LEMONT ROAD; THENCE EASTERLY ON THE SOUTH LINE OF SAG - LEMONT ROAD TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 14; THENCE NORTH ON THE SAID WEST LINE TO THE NORTH LINE OF THE SOUTHEAST QUARTER; THENCE EAST ON THE NORTH LINE OF SAID SOUTHEAST QUARTER TO THE EAST LINE OF THE WEST HALF OF THE WEST HALF OF SAID SOUTHEAST QUARTER; THENCE SOUTH ON THE SAID EAST LINE TO THE CENTERLINE OF THE SAC AND ATHENS ROADS; THENCE EAST ALONG THE SAID CENTERLINE TO A POINT 404.70 FEET WEST OF THE EAST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION; THENCE SOUTH PARALLEL WITH THE SAID EAST LINE 509.22 FEET, MORE OR LESS, TO THE SOUTH LINE OF SAID SECTION 14; THENCE EAST ON SAID SOUTH LINE OF SECTION 14, BEING ALSO THE NORTH LINE OF SECTION 23, TO THE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23; THENCE SOUTH ON SAID EAST LINE TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 23; THENCE SOUTH ON THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 23, A DISTANCE OF 183.50 FEET; TIIENCIi WEST PARALLEL WITH THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, 111.61 FEET; THENCE NORTH 48.81 FEET; THENCE WEST 151.92 FEET; THENCE SOUTHWESTERLY ALONG A LINE WHICH FORMS AN ANGLE OF 164 °11' TO THE RIGHT OF THE LAST DESCRIBED LINE FOR A DISTANCE or 380.33 FEET; THENCE SOUTHEASTERLY ALONG A LINE WHICH FORMS AN ANGLE OF 95 °18' TO THE RIGHT OF THE LAST DESCRIBED LINE, FOR A DISTANCE OF 644.56 FEET TO THE ORIGINAL CENTERLINE OF ARCHER ROAD AT A POINT 752.36 FEET WESTERLY OF THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 23, AS MEASURED ALONG SAID CENTERLINE; THENCE SOUTHWEST ALONG THE ORIGINAL CENTERLINE OF ARCHER ROAD TO A POINT 655.75 FEET NORTHEASTERLY OF THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER AS MEASURED ALONG SAID QRIGXNAL CENTERLINE OF ARCHER ROAD; THENCE NORTHWESTERLY ALONG A LINE (SAID LINE INTERSECTING THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 23, 643.27 PEET EAST OF THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23), A DISTANCE OF 396.67 FEET; THENCE SOUTHWESTERLY ALONG ALINE (SAID LINE INTERSECTING THE WEST LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23, 955.00 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23), A DISTANCE OF 842.38 FEET; THENCE SOUTH ON SAID WEST LINE TO THE NORTH LINE OF THE SOUTH 1 ROD OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23; THENCE EAST ON THE NORTH LINE OF SAID SOUTH 1 ROD TO THE WEST LINE OF ARCHER AVENUE; THENCE SOUTHWEST -ON THE WEST LINE OF ARCHER AVENUE TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 23; THENCE WEST ON THE SOUTH LINE OF SAID SOUTHWEST QUARTER TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 23; THENCE SOUTH ON THE EAST LINE OF THE SOUTHWEST QUARTER OF SECTION 23 TO THE NORTH LINE Or ARCHER AVENUE; THENCE SOUTHWEST ON THE NORTH LINE or ARCHER AVENUE DESCRIBED AS PARCEL 19E IN DOCUMENT NO. 25325121, A DISTANCE OF 387.90 FEET; THENCE SOUTHEAST AT RIGHT ANGLES TO THE LAST DESCRIBED LINE, 50.00 FEET TO THE CENTERLINE OF ARCHER ROAD; THENCE SOUTHWEST ALONG THE CENTERLINE OF ARCHER ROAD TO A LINE BEING 587.07 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 23; THENCE NORTH ON SAID PARALLEL LINE TO THE NORTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 23; THENCE NORTH 89 °34''32" WEST, 308.55 FEET ON THE NORTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 23 TO A POINT BEING 438.14 FEET EAST OF THE NORTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER; THENCE SOUTH 23 °50/44" WEST, 798.74 FEET; THENCE SOUTH 89 °26'43" WEST, 120.94 FEET TO A POINT ON THE WEST LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER, SAID POINT BEING 735.00 FEET SOUTH OF THE NORTHWEST CORNER or SAID EAST HALF OF THE SOUTHWEST QUARTER, o.F SECTION 23; THENCE SOUTH 782.17 FEET ON THE WEST LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 23, TO THE CENTERLINE OF ARCHER AVENUE; THENCE SOUTHWEST ON THE CENTERLINE OF ARCHER ROAD, 1,673.27 FEET TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 23; THENCE WEST ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 23, 13.5.11 FEET TO THE POINT OF BEGINNING; AND ALSO A PART OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 37 NORTH RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, r ILLINOIS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE NORTHEAST CORNER OF ABOVE -- DESCRIBED QUARTER SECTION, MEASURED SOUTHERLY 864.20 FEET ALONG THE EAST LINE OF SAID QUARTER SECTION TO A POINT FOR THE PLACE OF BEGINNING; THENCE MEASURED SOUTHWESTERLY 1,642 FEET; THENCE MEASURED SOUTHWESTERLY 282.70 FEET ALONG A CURVE TO THE RIGHT, (THE RADIUS OF WHICH IS 3,254.10 FEET AND WHICH XS TANGENT TO THE LAST DESCRIBED COURSE AT THE LAST DESCRIBED POINT);'THENCE MEASURED SOUTHERLY 9.6 FEET TO THE NORTHWESTERLY LINE OF THE SAG- LEMONT ROAD; THENCE MEASURED NORTHEASTERLY 1,925 FEET ALONG THE NORTHWESTERLY LINE OF SAG- LEMONT ROAD, TO THE EAST LINE OF SAID NORTHWEST QUARTER OF SECTION 22, THENCE MEASURED NORTHERLY 28 FEET ALONG SAID WEST LINE OF SAID QUARTER SECTION TO THE POINT OF BEGINNING AND ALSO A PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY ILLINOIS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE NORTHWEST CORNER OF ABOVE - DESCRIBED QUARTER SECTION, MEASURED SOUTHERLY 364.2 FEET ALONG THE WEST LINE OF SAID QUARTER SECTION, TO A POINT FOR THE PLACE OF BEGINNING; THENCE DEFLECTING 113°52r TO THE LEFT, MEASURED NORTHEASTERLY 361.2 FEET; THENCE MEASURED NORTHEASTERLY 160.90 FEET ALONG A CURVE TO THE L FT, (THE RADIUS OF WHICH IS 5,701.60 FEET; AND WHICH IS TANGEN.'TO THE LAST DESCRIBED COURSE AT THE LAST DESCRIBED POINT); THEN E MEASURED NORTHEASTERLY 939.00 FEET ALONG A RIGHT LINE WHI H IS TANGENT TO THE LAST DESCRIBED COURSE, AT THE LAST DESC IBED POINT, TO A POINT ON THE EAST LINE OF SAID QUARTER SECTION 92.80 FEET SOUTH OF THE NORTHEAST CORNER THEREOF; THENCE SOUTH MEASURED SOUTHERLY 22.50 FEET, ALONG SAID EAST LXN.E OF SAID QUARTER SECTION, TO THE NORTHWESTERLY LINE OF ARCHER ROAD; THENCE MEASURED SOUTHWESTERLY 1,465.00 FEET, ALONG THE SAID NORTHWESTERLY LINE OF ARCHER ROAD, TO THE WEST LINE OF SAID QUARTER SECTION; THENCE DEFLECTING 113 °52f TO THE RIGHT, MEASURED NORTHERLY 28 FEET ALONG THE WEST LINE OF SAID QUARTER SECTION TO THE POINT OF BEGINNING. (CONTAINING 789.81 ACRES, MORE OR LESS) ALL PRoPERTX SOUTH OF ARCHER OWNED BY COOK GOLF PROPERTIES, INC. AND PINE MEADOW GOLF CLUB, INC. THAT PART OF SECTION 23 AND 26 IN TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23; THENCE SOUTH ON THE EAST LINE OF THE NORTHWEST QUARTER AND SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23 TO THE SOUTH LINE OF SECTION 23, BEING ALSO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26; THENCE "SOUTH ON THE EAST LINE OF THE NORTHWEST QUARTER AND SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26 TO THE SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 26; THENCE WEST 15.0 FEET ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 2G; THENCE NORTH ON A LINE 15 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26 TO THE NORTH LINE OF THE SOUTH 300 FEET OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26; THENCE WEST ON THE NORTH LINE OF SAID SOUTH 300 FEET TO THE WEST LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26; THENCE SOUTH ON THE WEST LINTS OF SAID EAST HALF TO THE SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 26; THENCE WEST ON THE SOUTH LINE OF SECTION 26 TO THE EAST LINE OF TIIE WEST 420 FEET OF THE WEST HALF OF THE SOUTHWEST QUARTER or THE NORTHEAST QUARTER OF SAID SECTION 26; THENCE NORTH ON THE EAST LINE OF SAID WEST 420 FEET TO THE NORTH LINE OF THE SOUTH 420 FEET OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26; THENCE WEST ON THE NORTH LINE OF SAID SOUTH 420 FEET TO THE WEST LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26; THENCE SOUTH ON THE WEST LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER, SAID POINT BEING ALSO THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26; THENCE WEST ON THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26 TO THE EAST LINE OF THE WEST 250 FEET OF THE SAID SOUTHEAST QUARTER; THENCE NORTH ON THE LAST LINE OF THE SAID WEST 250 I'EET TO THE NORTH LINE OF TIIE SOUTH 348.48 FEET OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26; THENCE WEST ON THE NORTH LINE OF SAID SOUTH 348.48 FEET TO THE WEST LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26; THENCE NORTH ON SAID WEST LINE TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26; THENCE EAST ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER TO THE EAST LINE 0V THE NORTHWEST QUARTER OF SECTION 26; THENCE NORTH ON THE SAID EAST LINE TO THE NORTHEAST CORNER OF TIIE NORTHWEST QUARTER OF SECTION 26; THENCE WEST ON THE NORTH LINE OF SECTION 26 TO THE CENTERLINE O? ARCHER AVENUE; THENCE NORTHEAST ON THE CENTERLINE OF ARCHER AVENUE TO THE EAST LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER of SECTION 23; THENCE NORTH ON THE EAST LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 23 TO A POINT 17.5 CHAINS NORTH OF THE SOUTH LINE OF SAID SECTION, BEING ALSO THE ORIGINAL CENTERLINE OF ARCHER AVENUE; THENCE NORTHEASTERLY ALONG THE CENTER OF SAID ROAD 2.01 CHAINS; THENCE SOUTH 2.37 CHAINS TO A POINT ON A LINE 16.5 CHAINS NORTII OF TIIE SOUTH LINE OF SECTION 23 AND 1.45 CHAINS EAST OF THE EAST LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 23; THENCE EAST ON SAID LINE, BEING 16.5 CHAINS NORTH OF THE SOUTH LINE OF SECTION 23, 9.79 1/4 CHAINS; THENCE NORTH A DISTANCE OF 709.65 FEET TO THE SOUTHEASTERLY LINE OF ARCHER AVENUE; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY LINE OF ARCHER AVENUE TO THAT PART OF ARCHER AVENUE TAKEN FOR RIGHT--OF -WAY PER DOCUMENT NO. 25325121;'THENCE SOUTH AT RIGHT ANGLES TO THE CENTERLINE OF ARCHER AVENUE TO THE SOUTHEASTERLY LINE OF THE RIGHT -OF -WAY PER DOCUMENT NO. 25325121; THENCE NORTHEASTERLY ON THE SOUTHEASTERLY LINE OF AP.CHER AVENUE, A DISTANCE OF 293.30 FEET TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 23; THENCE SOUTH ON THE WEST LINE OF SAID SOUTHEAST QUARTER TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23; THENCE EAST ON THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER TO THE EAST LINE OF THE WEST 5 ACRES OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23; THENCE NORTH ON THE EAST LINE OF SAID WEST 5 ACRES TO THE SOUTHEASTERLY LINE OF ARCHER AVENUE TAKEN FOR RIGHT -0F -.WAY PER DOCUMENT NO. 25325129; THENCE NORTHEASTERLY ON THE SOUTHEASTERLY LINE OF ARCHER AVENUE TO THE NORTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23; THENCE EAST ON THE NORTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER TO THE POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS ALSO THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER. OF SECTION 23, TOWNSHIP 37 NORTH, RANGE 11 (EXCEPT THE NORTH 910 FEET THEREOF AND EXCEPT THE WEST 250 FEET AND EXCEPT THE NORTH 310 FEET OF THE EAST 392.74 FEET ',THEREOF), IN COOK COUNTY, ILLINOIS AND ALSO THE NORTH 663.00 FEET OF THE EAST HALF OF THE NORTHEAST QUARTER (EXCEPT THE WEST 250.00 FEET) OF SECTION 26, TOWNSHIP 37 NORTH, RANGE 11., EAST OF TIIE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. (CONTAINING 274.40 ACRES, MORE OR LESS) EXHIBIT B LEGAL DESCRIPTION OF COOK GOLF PROPERTIES, INC. REFERRED TO IN "SANITARY SEWER AND WATER MAIN EASEMENT" AGREEMENT BETWEEN COOK GOLF PROPERTIES, INC. AND VILLAGE OF LEMONT The South 20 feet, and the East 20 feet and the West 20 feet of the South 33 foot right -of -way of Chicago and Joliet Road (also known as Sag- Lemont Highway) lying Easterly of a line that is 1100 feet Easterly (as measured along and radial to the centerline of Chicago and Joliet Road) of the West line of the Southwest 1/4 of Section 14, Township 38 North, Range 11 East of the Third Principal Meridian, and Westerly of the West line of Lot 6 in Charles E. Boyers Subdivision, all in Section 14, Township 37 North, Range 11 East of the Third Principal Meridian in Cook County, Illinois. MAR.21.2007 15:08 6306670132 NOVOTNY PLAT OF EASEMENT FOR WATER MAIN AND SANITARY SEWER FORCE MAIN OVER #7663 P.002 /002 PJN. 22-t4-300-009 PJJE. 22-14-300 -000 PJ,N, 22 -14-400 -008 PJ.N. 22 -14-400 -014 PIN. 22 -14-400 +018 P.I.N. 22 -1 4- 400 -022 PJ.N. 22- 14- 400 -033 114E SOOTH 20 FEET. AND THE EAST 20 FEET: AND THE AE`T 20 FEET, OF ME zoom 33 FOOT IQ4T -0 -WAY of AGe AND *lain' Rom (ALSO KNOW AS SAO - LEMONY NCH IHNO EASTERLY OF A LNE TAT 1S 1100 FEET G1STERLY (IS 11EASURED ALONG MID RAdM. TO 7HE CD(1FALNWE OF CWCAOO AND JOUST ROM* OF ME LEST u` of IRE SOU7)IYIF'ST 1/4 OF 5EC7WN 14. TQINSHP SS NORM. RANGE 11 EAST OF 4-6 T 1 FtaN�AL MOAN. AND NSTERLY aF THE MST LINE Cr LOT 4 IN CHARLES E/OOYERS Suit mow. Ail IN SEC1I0N t1, TOFMSIP 37 NORW. RANGE 11 EAST OF THE 1141t0 PRINCPAL IE7✓IOIMt N GOON 000NIY Races VALET ROAD (PRIVATE ETRPE ) 101OD11001011p11.w1 001010 TQf(I(dAeYE(0 FT-1101 Altar- -Old -Ott t '"1GY .02I -061 __ NOW M•a0M�I�PKrpTD�ap�EqOEH1wEDw0. 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