R-20-07 02/12/2007 0
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RESOLUTION £ al .07 _ °'
RESOLUTION AUTHORIZING APPROVAL OF A `-'
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GRANT OF EASEMENT _ _ . -t
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WATER MAIN & SANITARY FORCE MAIN EASEMENT =— '''
PIN Number 22-14-400-017-000 (part) U
PIN Number 22-14-400-019-000 (part) _ �
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WHEREAS, the Village of Lemont requires a Water Main &Sanitary Force Main Easement
from NiCor Gas Company along the north side of Main Street;
WHEREAS, the Village desire to have suitable access for the construction of the new water
main and future sanitary sewer force main, and a Grant of Easement is required to ensure
this access.
NOW, THEREFORE, BE IT RESOLVED, by the President and Board of Trustees that the
Water Main & Sanitary Force Main Easement attached hereto as Exhibit A 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 12th day of
February, 2007.
AYES NAYS PASSED ABSENT
Debby Blatzer ;/
Peter Coutes
Clifford Miklos
Brian Reaves V
Ronald Stapleton
Jeanette Virgilio
4/"2-ilie----L_Lere.,..,...._. ---,-,"°_,
HARLENE SMOLLEN, Village Clerk
Approved by me this 12`h day of February, 2007.
' '4, -
JO N F. PIAZZ A , Vil a e President
Attest:
,! L�/ ',4.-.A.--
4U u�jyii I Ci: L' „C
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CH Rt.ENE SMO : i.EN, Village Clerk DATE COPIES C
OK �r .
Approved as to form:
JOHN ANTONOPOULOS, Village Attorney
Date:
Sec 14 T37N R11 E 3rd PM
Lemont Twp. Cook County
Ancona Transmission R/W
Parcels File#
41-14 and 42-14
. PIN 22-14-400-017-0000 (part)
. PIN 22-14-400-019-0000 (part)
GRANT OF EASEMENT
WATER MAIN AND
SANITARY FORCE MAIN
THIS INDENTURE, made and entered into this 1 h day of M rl , 2007, by and
between NORTHERN ILLINOIS GAS COMPANY, an Illinois corporation, doing business as NICOR
GAS COMPANY (hereinafter sometimes referred to as "Grantor") and the VILLAGE OF LEMONT, an
Illinois municipal corporation(hereinafter sometimes referred to as "Grantee"):
WITNESSETH:
WHEREAS, Grantee has requested Grantor to grant unto it a non-exclusive perpetual easement to
install, construct, reconstruct, operate, maintain, alter, repair, replace and remove one, twelve (12) inch
diameter ductile iron water main and one, six(6) inch diameter PVC sanitary sewer force main in, under,
through and along certain real property owned by Grantor, and one, eight (8) inch diameter water main
and one six (6) inch diameter PCV sanitary sewer force main in, under, through and across certain real
property owned by Grantor (hereinafter individually and collectively referred to as "Facility"), all in Cook
County, Illinois.
WHEREAS, Grantor, insofar as it has the right so to do, is willing to grant unto Grantee a non-exclusive
perpetual easement for said Facility, but only upon the terms, covenants and conditions hereinafter set
forth:
NOW, THEREFORE, in consideration of Ten and 00/100 ($10.00) dollars and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, and in further
consideration of the mutual covenants and agreements hereinafter set forth, Grantor hereby grants unto
Grantee, its successors and assigns, a non-exclusive perpetual easement to install, construct,
reconstruct, operate, maintain, alter, repair, remove and replace said Facility in, under, through and
along and/or across the following described property (hereinafter referred to as "Easement Premises"),
being a twenty (20) foot wide strip of land situated in the West Half of the Southeast Quarter of Section
14, Township 37 North, Range 11 East of the Third Principal Meridian, Lemont Township, Cook County,
Illinois, that is more particularly described and depicted on EXHIBIT A (dated 01-22-2007) that is
attached hereto and made a part hereof.
The easement for said Facility herein granted by Grantor to Grantee is granted in perpetuity for said
Facility within the Easement Premises and upon the following additional terms, covenants and
conditions, which Grantee, for and on behalf of itself, its successors and assigns, expressly
acknowledges, undertakes and agrees to fulfill and discharge, to-wit:
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1. The easement herein granted shall be exercised by Grantee in a manner that will not in Grantor's
sole judgment unreasonably interfere with the present or future installations or operations of Grantor
upon the Easement Premises. In the event that Grantor shall hereafter decide to alter or relocate its
present facilities at this location or shall decide to construct additional facilities at this location, and in the
event any of the Facility constructed by Grantee pursuant to this easement shall interfere with such
proposed use of the Easement Premises of Grantor, Grantor shall deliver to Grantee a written notice
describing such proposed use and stating that said Facility of Grantee will interfere with such proposed
use. This notice shall be accompanied by an itemized list of any additional costs to be incurred by
Grantor if Grantor alters its proposed use to avoid interference with said Facility. Upon receipt of such
notice and itemization of additional costs, Grantee shall have the option of either: 1) notifying Grantor
within fourteen (14) days of the receipt of such notice that it elects to relocate said Facility, at its sole
cost and expense, within a period of ninety (90) days to another location on the property of Grantor
mutually agreed upon by the parties hereto; or 2) notifying Grantor within fourteen (14) days of the
receipt of such notice that it elects to pay Grantor for all additional costs to be incurred by Grantor, as
shown by the itemization of cost submitted by Grantor. In the event Grantee shall elect to relocate said
Facility, Grantee shall promptly take all steps necessary to complete such relocation within a reasonable
time, and in no event later than ninety (90) days from the date of such notice; provided, however, that all
approvals required by Grantor as provided herein shall be provided to Grantee in a reasonably timely
manner. In the event Grantee shall elect to reimburse Grantor for the additional costs to be incurred by
Grantor, this amount shall be paid to Grantor within sixty (60) days of request.
2. Prior to undertaking the installation of said Facility, Grantee shall provide Grantor with detailed plans
and specifications as to the location and as to the method or manner of installation and construction of
said Facility and Grantee shall obtain Grantor's written approval and consent to such plans and
specifications. Upon receipt of such plans and specifications submitted by Grantee, Grantor shall
promptly review such plans and specifications and notify Grantee of its approval or its objections
thereto. Any proposed changes in said plans before or after installation or any additional attachments,
equipment or appurtenances required for said Facility after installation shall be submitted to Grantor for
its written approval and no work shall be performed until written approval has been obtained. In no event
shall the written approval of Grantor be unreasonably withheld.
3. Except for routine maintenance, operation and inspection of said Facility that does not disturb the
subsurface of the Easement Premises, and except in an emergency, all construction, reconstruction,
installation, maintenance, repair and removal work to be performed by Grantee on the Easement
Premises, shall be performed at such time as shall have been approved in advance by Grantor. Notice
of any such proposed work shall be given Grantor as least seventy-two (72) hours prior to the proposed
commencement thereof.
All such work shall be performed in the presence of a representative of Grantor in a manner satisfactory
to such representative. Grantor may, at its option, perform any protective work which it deems
necessary to insure the safety of its facilities in the area of Grantee's proposed work, or it may request
Grantee to perform such work. In the event it elects to perform such work, Grantor shall make a
reasonable effort to complete any such protective work prior to Grantee's proposed time for
commencement of its work, but in the event such protective work cannot be completed by Grantor prior
to Grantee's proposed time for commencement of work, Grantee shall postpone the commencement of
such work until such time as Grantor has completed any such protective work. The expense of such
protective work shall be borne by Grantee.
4. Grantee shall reimburse Grantor for any costs or expenses, sustained or incurred in connection with
any damage or injury to Grantor or to any property of Grantor in the course of construction,
reconstruction, operation, maintenance, alteration, repair, replacement or removal of Grantee's Facility.
2
5. All installation, construction, reconstruction, operation, repair, replacement or removal work
performed by Grantee pursuant to the easement granted by this indenture shall conform to the following
rules and regulations:
a. Except as otherwise provided in Section 3., and unless otherwise agreed by Grantor, NO work
is to be done on the Easement Premises or on Grantor's property without Grantor's
representative being present, for which Grantee agrees to reimburse the reasonable cost of
such Grantor's representative.
b. There shall be NO blasting on the Easement Premises.
c. NO manholes or junction boxes shall be installed on the Easement Premises, except those
specifically approved in advance by Grantor; NO materials shall be stored or stockpiled on the
Easement Premises or on Grantor's property; and NO trees, bushes or shrubs shall be planted
or nurtured on the Easement Premises or on Grantor's property.
d. NO large rocks or unsuitable material will be allowed in the backfill; all such large rocks and
unsuitable material will be removed from the Easement Premises and from Grantor's premises
and properly relocated or disposed of by Grantee; the determination of what is a "large rock" or
what is "unsuitable material" shall be made solely by Grantor's on-site representative.
e. Bore-pits used in connection with the installation of the Facility shall not be installed on the
Easement Premises without the express permission of Grantor's on-site representative, who
shall have full authority to deny any proposal to install any such bore-pits on Grantor's property
or on the Easement Premises.
f. NO other utilities are permitted to install facilities or improvements within the Easement Premises
without the express written approval of Grantor. Grantee acknowledges that this easement does
not create or in any way establish a public utility easement.
g. Natural drainage of Grantor's property shall not be impaired; upon completion of said work,
Grantee shall remove from the Easement Premises all unused excavated material, including rock
and debris, and shall replace all back-filling material in a neat and workmanlike manner; Grantee
shall leave the Easement Premises and any adjacent property used by it in connection with the
construction, reconstruction, maintenance, alteration, repair, replacement or removal of said
Facility, in a neat, clean and orderly condition.
h. Grantee shall contact Grantor's Transmission Department, Shorewood, Illinois, by phoning
Grantor at 815-725-9481, ext. 228, at least 72 hours in advance of Grantor's estimated start of
construction on Grantor's property in order to discuss construction procedures and to arrange
for on-site inspection services by Grantor's representative.
i. Without exception, though it is intended that Grantee's Facility will be installed over Grantor's
existing thirty-six (36) inch diameter, high-pressure natural gas transmission pipeline with a
minimum vertical separation of two (2) feet between the bottom of said Facility and the top of said
transmission pipeline, if it is determined by Grantor's on-site representative, in his sole
discretion, that the Facility must be installed under the transmission pipeline, then Grantee will
comply with such decision and install said Facility with a minimum vertical clearance of two (2)
feet between the top of said Facility and the bottom of said transmission pipeline.
j. Without exception, whether the Facility will be installed over or under Grantor's existing eight (8)
inch diameter natural gas main, will be determined by Grantor's on-site representative, in his sole
3
discretion. In any case, Grantor will comply with such decision and install said Facility with a
minimum vertical separation of one (1)foot between said Facility and said existing gas main.
This specification, including all items "a." thru "j.", is to be put on all final approved for construction"
drawings.
6. Grantee shall furnish, upon completion, to Grantor, an engineering drawing accurately showing the
installed location of its Facility.
7. Grantee shall at all times, and under all circumstances, defend, indemnify, protect and save
harmless, Grantor, its successors and assigns, from and against any and all damages, losses, claims,
demands, actions and causes of action whatsoever (including any reasonable costs, expenses and
attorneys' fees which may be incurred in connection therewith) whether or not the claim, demand or
action asserted be meritorious, and which results from or is alleged to result from, or which arises out of
or in connection with, or is alleged to arise out of or in connection with, the breach of Grantee of any
covenant in this Easement Agreement, or the non-compliance by Grantee of any applicable law
(including, without limitation, Environmental Laws) at the Easement Premises or the installation,
construction, reconstruction, operation, maintenance, alteration, repair, replacement, use, removal or
existence of said Facility by Grantee upon the Easement Premises, or the existence of the non-
exclusive perpetual easement granted Grantee hereunder; provided, however, that in the event any
such claim, damage, loss, demand, action or cause of action is asserted against Grantor, Grantor shall
furnish Grantee with written notification thereof and Grantee shall conduct the defense thereof before
any court, board, commission or other governmental body exercising jurisdiction therein with counsel
acceptable to Grantor and at Grantee's expense. No settlement or compromise of any such claim,
damage, loss, demand, action or cause of action shall be made unless agreed to by Grantor. Grantor,
its successors and assigns, shall not be liable to Grantee, or Grantee's successors and assigns, for any
damages or injuries to any persons or to said Facility or any other property of Grantee situated or
located in, on, about or upon the property subjected to this easement, except to the extent that injuries
or damages are caused by the willful misconduct or gross negligent acts of Grantor, its successors or
assigns.
Grantee hereby covenants that the use and operation of the Easement Premises by Grantee will at all
times comply with any and all applicable laws, including, without limitation, Environmental Laws, and
that Grantee shall not cause or permit any Hazardous Material to be introduced to or handled on the
Easement Premises, except those customarily used in the installation, maintenance and repair of the
Facility and in compliance with Environmental Laws and other applicable laws. As used herein, the term
"Environmental Laws" shall mean and refer to all applicable laws, ordinances, requirements and
regulations (including consent decrees and administrative orders) relating to public health and safety
and protection of the environment and the term "Hazardous Material" shall mean and refer to any
hazardous substance or any pollutant or contaminant defined as such in (or for purposes of) the
Comprehensive Environmental Response, Compensation, and Liability Act, any so-called "Superfund"
or "Superlien" law, the Toxic Substance Control Act, or any other Federal, state or local statute, law,
ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards
of conduct concerning any hazardous, toxic or dangerous waste, substance or material, as now or at
any time hereafter in effect, or any other hazardous, toxic or dangerous waste, substance or material
(including, without limitation, asbestos and poly-chlorinated biphenyls and petroleum and its by-
products).
The foregoing indemnification, defense and hold harmless obligations shall survive any termination of
this Easement Agreement. The acts of the respective employees, representatives, agents or contractors
of Grantor or Grantee, as the case may be, shall be deemed to constitute the acts of Grantor and
Grantee respectively for the purposes of this Section 7..
4
•
8. Grantee agrees before the commencement of any work on the Easement Premises hereunder that
Grantee shall require any contractor (or contractors) to procure comprehensive general liability
insurance (including Contractual Liability on a blanket broad form basis) and property damage insurance
in form reasonably acceptable to Grantor which will protect and save harmless Grantor as stated
therein. Limits of such comprehensive general liability insurance shall initially be not less than
$3,000,000 for each occurrence with respect to bodily injury or death and property damage. In addition,
workers' compensation (with statutory limits) and employer's liability (with initial limits of not less than
$1,000,000) shall be procured. Grantor may from time to time require an increase in said minimum
insurance limits if higher limits are reasonable and customary in similar situations. Such insurance shall
be with a company or companies approved by Grantor and licensed by the State of Illinois and shall
remain in full force and effect during the term of this easement. Copies or certificates of said policy or
policies of insurance shall be delivered to Grantor in care of the Nicor Gas Company, Real Estate
Department, 1844 Ferry Road, Naperville, Illinois, 60563-9600.
9. In the event Grantee, its successors, or assigns, deem it necessary to cease operation of its Facility
or cease to use said Facility for a period of twelve (12) consecutive months, Grantee, its successors or
assigns, shall notify Grantor in writing within thirty (30) days of such termination and provide Grantor
with a properly executed release of this easement. The easement granted herein shall cease and
terminate without the necessity of any notice to Grantee, by Grantor, in the event of non-use by
Grantee.
10. In the event Grantee, its successors or assigns, shall fail to fulfill and discharge any of its
obligations herein, or shall fail to comply with the terms and conditions hereof, and in the event such
failure or non-compliance shall continue for a period of thirty (30) days after written notice of such failure
or non-compliance for a period of thirty (30) days after written notice to it of such failure or non-
compliance is given to Grantee, then and in that event, at the option of Grantor, the easement granted
hereunder shall terminate and Grantee's rights hereunder shall be of no further force and effect.
11. Any electrolysis mitigating methods or equipment used in connection with Grantee's Facility shall be
coordinated with methods or requirements of Grantor, and Grantee agrees to provide and install, at its
sole cost and expense, such equipment as may be necessary to mitigate any electrolysis or induced AC
current caused by the presence of said Facility in, under, upon, through and across the premises.
12. Any notice herein provided to be given shall be deemed properly given if in writing and delivered
personally or mailed to Grantor in care of:
Manager- Real Estate
Real Estate Department
Nicor Gas Company
1844 Ferry Road
Naperville, Illinois 60563-9600
or to Grantee in care of: Village of Lemont
Attention: Village Engineer
418 Main Street
Lemont, Illinois 60439
or to such other persons or addresses as the parties may from time to time designate.
13. Prior to any digging on the subject property, including the Easement Premises, the Grantee shall
call J.U.L.I.E. at 1-800-892-0123, for a location of facilities on the property.
5
14. Grantee hereby agrees, within thirty (30) days of request therefor, to reimburse Grantor for any
and all local, state or federal taxes that may be assessed against Grantor or the Easement Premises
by reason of improvements made to or placed upon the Easement Premises by Grantee.
15. Grantee hereby agrees it will not knowingly suffer or permit any mechanic's liens or other lien to
attach to the Easement Premises by reason of any improvements or alterations to the Easement
Premises or work done thereon by or upon the order of Grantee and will save Grantor harmless from
any such lien or claim therefor and from any and all costs or expenses (including without limitation,
attorney's fees) incurred in connection with any such lien or claim.
16. This indenture shall inure to the benefit of and be binding upon the respective successors and
assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this indenture to be executed by their proper
officers, thereunto duly authorized and their respective corporate seals to be hereto affixed, as of the
day and year first above written.
NICO' GAS CO PANY ATTE • ?
°_�
'�4TRlC1< LOFTUS �'
/•p�
MP
(sign. u e) ea'
afure)
,,T7t4,1 cr-ci_Ve (4"..fy
(title) (title)
VILLAGE OF LEMON ATTEST:
(signatu -) (signature)
J. n F. Piazza Charlene M. Smollen
(print name) (print name)
Village Mayor Village Clerk
(title) (title)
This Document Prepared By: Nicor Gas Company
Real Estate Department
1844 Ferry Road
Naperville, Illinois 60563
Property Address: Vacant land at the northwest corner of the intersection of Main
Street (aka Chicago-Joliet Road)and Commonwealth Edison's
150 foot wide electric transmission right-of-way, Lemont Twp,
Cook Co, IL
6
STATE OF ILLINOIS )
) SS
COUNTY OF t�I � . )
1, VicAlV X M e-o n a n S ki , a Notary Public in and for said County, in the State
aforesaid, do hereby certify that v. Lot
iv' , &Afro! i C>�� N „ (x_5,0,t,,e,
of NORTHERN ILLINOIS GAS COMPANY, an Illinois corporation, doing business as NICOR GAS
COMPANY, and , Assistant Secretary of said
Company, personally known to me to be the same persons whose names are subscribed to the l�►
foregoing instrument as such e it eli,,k AIG Act(it and Assistant Secretary, respectively,
appeared before me this day in person, and acknowledged that they signed and delivered said
instrument as their own free and voluntary act and as the free and voluntary act of said Company, for
the uses and purposes therein set forth; and said Assistant Secretary did also then and there
acknowledge that he, as custodian of the corporate seal of said Company, did affix said corporate seal
of said Company to said instrument as his own free and voluntary act, and as the free and voluntary act
of said Company, for the uses and purposes therein set forth.
Given under my hand and notarial seal this day of M(k(L , A.D., 2007.
My Commission Expires:
VICTOR X.MEDNANSKY
4
zOFFICIALw NP(COMMISStONp(pIRES Not Pubic
1,. sEAL..., JANUARY 5,2011
7
f
P.I.N. 22-14-400-017 EASEMENT EXHIBIT
P.I.N. 22-14-400-019 FOR
WATER MAIN AND SANITARY SEWER FORCE MAIN
OVER
THE NORTH 33 FEET OF THE EAST 20 FEET OF THAT PORTION OF CHICAGO JOLIET ROAD LYING WEST OF THE WEST LINE OF THE EAST
HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14,TOWNSHIP 37 NORTH,RANGE 11 EAST OF THE THIRD
PRINCIPAL MERIDIAN,
AND
THE NORTH 20 FEET OF CHICAGO JOLIET ROAD LYING EAST OF THE WEST LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 14,TOWNSHIP 37 NORTH,RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,AND WEST OF THE EAST
LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14,TOWNSHIP 37 NORTH,RANGE 11 EAST OF THE THIRD
PRINCIPAL MERIDIAN;
AND
THE WEST 20 FEET OF THE EAST 75 OF THE PROPERTY CONVEYED BY NORTH AMERICAN CAR COMPANY TO NORTHERN ILLINOIS GAS
COMPANY BY DEED RECORDED AS DOCUMENT 18755599 THAT LIES WEST OF THE EAST LINE OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 14,TOWNSHIP 37 NORTH,RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,ALL IN COOK COUNTY,
ILLINOIS.
WEST LINE OF THE EAST 1/2 OF TH EAST LINE OF THE SOUTHWEST 1/4�
OF THE SOUTHEAST 1/4 OF
SOUTHWEST 1/4 OF THE SOUTHEAST SECTION 14-37-11
1/4 OF SECTION 14-37-11
r NORTHERLY LINE OF PROPERTY CONVEYED
—015 I BY NORTH AMERICAN CAR COMPANY TO
JOHN NORTHERN ILLINOIS GAS COMPANY BY I /
DEED RECORDED AS DOCUMENT 18785599,
1M0E (S--- -11— JO AS MARKED ON GROUND. SCALE 1^=100'
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ir , ,
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(WOR MqN�USTR)AL
—017 /
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!! (� CHARLES E.BOYERS SUBDIVISIONI u
i T T / Iltl1 od�J �II IIU IIIi (Mn6,_.
NOTE: HATCH MARKS AND PRINTED LABEL IDENTIFY LOCATION
AND CONFIGURATION OF 20 FOOT WIDE EASEMENT Doc#: 0715215089 Fee:$122.00
Eugene"Gene'Moore
PREMISES HEREBY GRANTED TO VILLAGE OF LEMONT Cook County Recorder of Deeds
Date:06/01/2007 11:36 AM Pg: 0
.MIS DOES NOT REQ11:RE THE COUNTY C'..EHS S CND' ..
REQUIRED IN SECTION 516 CHAPTER 120 REVLrUE t:
.ILLINOIS,
COUNTY CLERK
PART OF THE W/2 SEJ4 SECTION 14
STATE OF ILLINOIS) s S T37N-R11 E-3RD PM
COUNTY OF DUPAGE)
LEMONT TWP-COOK CO- ILLINOIS .4--,,,,, ;, **
I, JAMES L. CAINKAR, AN ILLINOIS PROFESSIONAL l'\-•....' ••oO
LAND SURVEYOR, DO HEREBY CERTIFY THAT THE ,,,
PLAT AS HEREON DRAWN IS A CORRECT S 5 1 JAMES •°'S
REPRESENTATION OF THE PROPERTY DESCRIBED IN i*i LOUIS I
THE FOREGOING CAPTION. i A. CAINKAR C 2656 R •
DATED AT WILLOWBR$>'', I 83h DAY
,��°�,�.• .���-�
OF NOVEMBER A.D. �� ........LLI1
JAMES L. CAINKAR EXHIBIT A
ILLINOIS PROFESSIONAL LAND SURVEYOR
No. 2656 (01-22-2007)
EXPIRES 11-30-06 JAMES L.CAINKAR,P.E.
IL.P.L.S.NO.2656
EXPIRES 11-30-06
DATE: 11/09/06 PROJECT NO. 06386 SHEET 1 OF 1
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