The URL can be used to link to this page

Home My WebLink About06-305 r p 1 Resolution No. 06-305 RESOLUTION AUTHORIZING EXECUTION OF AN ACCESS EASEMENT AGREEMENT FOR WATER MAIN PURPOSES FROM ELGIN INVESTORS, L.L.C. (N. Alfi Lane and Randall Road) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Ed Schock,Mayor, and Dolonna Mecum, City Clerk,be and are hereby authorized and directed to execute an access easement agreement for water main and purposes from Elgin Investors,L.L.C. for the property legally described on Exhibit A, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the easement agreement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/Ed Schock Ed Schock, Mayor Presented: December 20, 2006 Adopted: December 20, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk . r This document was prepared by and after recording return to: W. Roger Carlson, Jr. Toussaint&Carlson, Ltd. 2809 Butterfield Rd., Suite 140 Oak Brook, IL 60523 (630)928-0040 ACCESS EASEMENT AGREEMENT THIS ACCESS EASEMENT AGREEMENT (this "Agreement") is made as of this „2O day of &I-e.‹..4_,„„44^ , 200 (,, by ELGIN INVESTORS, LLC (the `Parcel Owner") and the City of Elgin. RECITALS: WHEREAS, the Parcel Owner is the holder of legal title to a certain parcel of land located at the north side of Alft Lane just west of Randall Road, Elgin, County of Kane and State of Illinois which is legally described on Exhibit A attached hereto and made a part hereof(hereinafter referred to as the "Parcel"); WHEREAS, the Parcel Owner is the condominium developer of the Parcel and is entering into this agreement on behalf of the Courtyards on Randall Condominium Association and the future condominium unit owners and wishes to utilize the City of Elgin's water mains, and the City of Elgin requires city access to water meters and equipment located on the Parcel to allow said utilization; WHEREAS, the Parcel Owner and the City of Elgin have agreed that the Parcel shall have two "Meter Rooms" in which the water meters and equipment shall be located. The Meter Rooms shall be located as set forth in the site plan attached hereto as Exhibit B and made part hereof (hereinafter referred to as the"Site Plan"); WHEREAS, Parcel Owner wishes to grant an easement to permit the City of Elgin access to the Parcel for the purpose of monitoring the Meter Rooms, as more fully set forth below; WHEREAS, Parcel Owner wishes the easement created herein to be a covenant running with the land and binding upon the Parcel Owner, its successors and assigns and all future owners of the Parcel; NOW THEREFORE, in consideration of the declarations hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby declare: 1. Grant. A. Parcel Owner hereby grants a perpetual, exclusive easement to the City of Elgin for monitoring, maintenance, repair, and replacement, from time to time, of the water meters and equipment located in the Meter Rooms as set forth in the Site Plan. B Parcel Owner hereby grants a perpetual, non-exclusive easement for ingress and egress to the City of Elgin over the Parcel to allow access to the Meter Rooms. 2. Use of Access Easement. The City of Elgin shall not construct permanent improvements on the Parcel other than those customarily associated with the monitoring, maintenance, repair and replacement of the water meters and equipment and any such improvements shall be restricted to the interior of the Meter Rooms. Meter Rooms shall remain . locked when not in use by the City of Elgin. The City of Elgin shall be responsible for maintaining the locks on the Meter Rooms. The City of Elgin shall provide the Association its successors or assigns keys to the Meter Rooms to permit access for needed repairs, maintenance, and in the case of emergency. 3. Repair and Maintenance Obligations. Association its successors or assigns shall maintain, including payment of all utilities, and repair, from time to time, the interior and exterior of the buildings which house the Meter Rooms. The City of Elgin shall promptly inform the Association its successors or assigns of any such maintenance or repair required in the interior of the Meter Rooms. The buildings and Meter Rooms shall be common elements of the condominium association organized for the Parcel. The City of Elgin shall be responsible for the maintenance, repair and replacement of the water meters and associated equipment. 4. Indemnification. The City of Elgin its successors and assigns agrees to indemnify and hold the Association its successors and assigns harmless from and against any and all liability, loss, damage, costs and expense (including reasonable attorney's fees) arising out of or resulting from the City of Elgin's negligent use of the Parcel, or gross negligence or willful or wanton acts, except for any liability, loss, damage, costs and expenses arising in whole or in part from the acts of the Association its successors and assigns. The Association its successors and assigns agree to indemnify and hold the City of Elgin its successors and assigns harmless from and against any and all liability, loss, damage, costs and expense (including reasonable attorney's fees) arising out of or resulting from the Association's negligent repair or maintenance of the Meter Rooms, or gross negligence or willful or wanton acts, except for any liability, loss, damage, costs and expenses arising in whole or in part from the acts of the City of Elgin its successors and assigns. 5. Notices. All notices and other communications given pursuant to this Agreement shall be in writing and shall be deemed properly served if delivered in person to the party to whom it is addressed or two (2) days after deposit in the U.S. mail if sent postage prepaid by United States certified mail, return receipt requested, addressed as follows: (a) If to Association: Courtyard on Randall Condominium Association 20 Great Oaks Blvd., Suite 230 San Jose, CA 95119 (b) If to the City of Elgin: City of Elgin- Attention: City Clerk 150 Dexter Court Elgin, IL 60120-5555 With a copy to: William A. Cogley, Corporation Counsel City of Elgin _ 150 Dexter Court Elgin, IL 60120-5555 Either party may change the name of the person or address to which notices and other communications are to be given by so notifying the other party. 6. Miscellaneous. A. Except as to the exclusive rights described specifically in this Agreement, nothing herein shall limit the right of the owners of the Parcel to grant easements to any other party, governmental unit, public body and/or utility company. B. The provision of this Agreement shall run with and bind title to the Parcel, and shall be binding upon and inure to the benefit of the Association, City of Elgin, and other owner(s) of the Parcel or a portion thereof, and their respective heirs, executors, legal representatives, successors and assigns. C. The rule of strict construction does not apply to this Agreement. This Agreement shall be given reasonable construction so that the intention of the Association to confer a useable right of enjoyment on the City of Elgin is carried out. D. Whenever possible, each provision of the Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited by or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision of the remaining provisions of this Agreement. E. The City of Elgin may not transfer or otherwise assign any of its rights or interest granted under this Agreement and any purported assignment shall be null and void and shall entitle the Association its successors or assigns to terminate this Agreement and the easement hereby granted. F. Whenever a transfer of ownership of the Parcel occurs, the liability of the transferor for any breach of covenant occurring thereafter shall automatically terminate with respect to such transferor. Any transferee shall automatically assume and be bound by the burdens and obligations hereunder running with the land to the owner of the Parcel or portion thereof being transferred. G. Except as specifically provided herein to the contrary, this Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns. H. That this agreement shall be recorded by the City at the Association's cost with the Kane County Recorder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. COURTYARDS ON RANDALL OFFICE CITY OF ELGIN CONDOMINIUM ASSOCIATION Befirrel 'on :uchholz Ed Schock, Mayor Its: President City Clerk State of Illinois ) ) ss. County of Kane ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Ed Schock and Dolonna Mecum, personally known to me to be the Mayor and City Clerk of the City of Elgin, and personally known by 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 aqr'tlay of atipiekley , 2006. "OFFICIAL SEAL" JENNIFER QUINTON Notary Public,State of Illinois etary Pu" is My Commission Expires 08/30/08 F:\Legal Dept\Agreement\Easement-ElginInvestors-Alfi-W-Randall-10-12-06.doc • EXHIBIT "A" Legal Description: UNIT A100, UNIT A101, UNIT B100, UNIT B101, UNIT C100, UNIT C500, UNIT D100, UNIT D101, UNIT D500, UNIT E100, UNIT E500, AND UNIT E900 IN COURTYARDS ON RANDALL OFFICE CONDOMINIUMS, AS DELINEATED ON A PLAT OF SURVEY OF THE FOLLOWING DESCRIBED TRACT OF LAND: LOT 22 AND A PORTION OF LOTS 23 AND 24 IN WESTFIELD BUSINESS PARK PLAT NO. 2 AND A PORTION OF LOT 18 IN WESTFIELD BUSINESS PARK, BOTH BEING SUBDIVISIONS IN A PART OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN KANE COUNTY, ILLINOIS. WHICH PLAT OF SURVEY IS ATTACHED AS EXHIBIT "D" TO THE DECLARATION OF CONDOMINIUM RECORDED AUGUST 14, 2006 AS DOCUMENT NUMBER 2006K088622, AS AMENDED FROM TIME TO TIME; TOGETHER WITH ITS UNDIVIDED PERCENTAGE INTEREST IN THE COMMON ELEMENTS. PIN: 03-31-277-009; -013; -014; -015 (underlying) EXHIBIT B Courtyards on Randall •- Alft Lane & Westfield Drive • Elgin, Illinois t. BLDG �` i I I -E. l /, _ / 1670. \,.j 1// CAPITAL '-' �I / STREET r: ' / / / Meter Room ) _ I r' F 6 j 16ao / ( y / � CAPITAL / r/ , / _J AN 2445 WESTFIELD,. \ -N / STREET i i / DRIVE '/ / i i - "D I• C") /., l %. '/ I /CC/ / I I•I ^t--- — - `, I ()- ' ` i ■--l / o / / 1:/0 PHASE II , i.2420•ALFT. W LANE W - 1 / Meter Room 2410 ALFT i.. LANE (BLDG"A") I 1 ALFT LANE INFORMATION PREPARED FOR THEM _ SELLER BY �Y SCALE 1:200 h eb DESIGNS CONSTRUCTION.LLC 1335 O•an 4'e•i.Suite 600 5i ISn"630.56/63000