1. 12-5-3: ACCESS:

   Heyworth, ILHeyworth, IL Code of Ordinances

   …12–5–3: ACCESS: Provisions shall be made to grant access for future development of unplatted adjacent land at intervals of not more than one-fourth ( 1 / 4 ) mile. This applies to utilities as well as streets. Utilities and street stubs shall be extended to the outer edge of the development, where applicable.

1. 11-9-6: SPECIAL USE STANDARDS:

   Heyworth, ILHeyworth, IL Code of Ordinances

   …Off street parking and loading areas (see chapter 11 of this title), where required or provided, shall be located and designed in a manner which will maximize the items referred to in subsection N1 of this section and will minimize any adverse economic, noise, glare or odor effects of the special use on adjoining or nearby properties. 3.

Note: On the platted blue print They do NOT have any Egress/Ingress Access on the West Side of Our Propery It is more Ideal that For Public Safty & to Comply with All IDOT & City of Heyworth Rules & Regulation/Ordinance/Laws that the Rowe Drive is For Public Use For Ride of Way & They Indicated on the Blue Print that They Were Using (Rowe Drive As A Right A Way). We Do Not Argue on the Blue Print We Can Only Allow As Shown in Blue Print & Blue Print on Our Property Do Not Have Public Right Of Way on the West Side The Blue Print Have Public Right of Way on Rowe Drive For HCP. City of Heyworth Agrees that the Blue Print Does Not Serve HCP Demands. & Does Not Meet City of Heyworth & IDOT Rules/Laws.

1 it’s not 50Ft only 30ft

2. Blue Print Show Ride A Way From Rowe Drive Not on Our Curb Cut (Rowe Drive Will Meet IDOT & City of Heyworth Laws.

3 Such of easement will interfere with our use of property in few ways 1 We Won’t be Able to Run Our Uhual Business 2. We Will Lose Lots of Parking Space 3 It Will Decrease The Property Value with todays market about $200,000 and Should be Our Right to Protect our Investment/Business & We’re the Ones that Pay Tax for the Entire Lot Including the Mentioned Curb Cut. Perhaps City of Heyworth May Consider Buying Rowe Drive From Their Owners if Such A Buy Benefits the City of Heyworth. IF Allowed by Heyworth & IDOT Laws HCP May Purchase Our Curb Cut For $200,000 As Long As We Have Permanent Access to Our Lot

¶ 27Easements “can be created only by grant, by implication, or by prescription.” Martin v. See, 232 Ill. App. 3d 968, 977, 598 N.E.2d 321, 327 (1992). “To acquire an easement by grant, no particular words are necessary, but the words that are used must clearly show an intention by the grantor to confer an easement, and such terms must be definite, certain, and unequivocal.” McMahon v. Hines, 298 Ill. App. 3d 231, 236, 697 N.E.2d 1199, 1203 (1998). There are two types of easements by implication: easements by necessity and easements implied from prior use. Smith v. Heissinger, 319 Ill. App. 3d 150, 153, 745 N.E.2d 666, 670 (2001). “The easement by necessity usually arises when an owner of land conveys to another an inner portion thereof, which is entirely surrounded by lands owned by either the grantor or the grantor plus strangers.” Martin, 232 Ill. App. 3d at 977-78. “An easement implied from a prior existing use arises by law when one portion of an estate derives a benefit and advantage from another, of a permanent, open, and visible character; when that portion is severed, the grantee takes that portion with all the benefits and burdens that appear to belong to it.” Canali v. Satre, 293 Ill. App. 3d 407, 410, 688 N.E.2d 351, 353 (1997). “It is the burden of the party claiming an easement to show the facts necessary to create an easement by implication.” Deem v. Cheeseman, 113 Ill. App. 3d 876, 882, 446 N.E.2d 904, 908 (1983). “To establish an easement by prescription, the use of the way in question must have been—for a 20-year period—adverse, uninterrupted, exclusive, continuous, and under a claim of right.” Nationwide Financial, LP v. Pobuda, 2014 IL 116717, ¶ 27, 21 N.E.3d 381. “Mere permission to use land cannot ripen into a prescriptive right, no matter how long the permissive use is enjoyed.” Id. ¶ 43.

¶ 28The Illinois Highway Code (Code) provides that a highway commissioner has the authority to “[l]ay out, alter, widen or vacate township or district roads as provided in this Code.” 605 ILCS 5/6-201.2 (West 2016). The Code further provides as follows: