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Home My WebLink About09-92C Recorded Easement Resolution No. 09-92 RESOLUTION AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT WITH OTTER CREEK,L.L.C. FOR DEVELOPMENT OF A BURLINGTON COAT FACTORY STORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Ed Schock,Mayor,and Diane Robertson, City Clerk,be and are hereby authorized and directed to execute a Development Agreement on behalf of the City of Elgin with Otter Creek, L.L.C. for development of a Burlington Coat Factory Store at the Otter Creek Shopping Center,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented:April 8, 2009 Adopted:April 8,2009 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk `,c,OF E(Ci Memorandum � ' ` \�' City of Elgin To: Jennifer Quinton, Deputy Clerk From: Mary Giffort, Legal Secretary/Paralegal Subject: Resolution No. 09-92 Adopted at the April 8, 2009 Council Meeting regarding Otter Creek LLC Development of a Burlington Coat Factory Store Attached find for the city clerk's files one originally executed copy of the agreement between the city and Otter Creek,L.L.C. The recorded easement agreements are attached as exhibits to the incentive agreement. M mg Attachment II I I 1111 • This Instrument Prepared by and Return After Recording to: 200'3K04 a70 1 Christopher J. Beck SANDY WEGMAN City of Elgin RECORDER - KANE COUNTY, IL Legal Department 146- � EC*i`ED: G/8/2009 10:08 Aft 150 Dexter Court R� tC FE : 45.00 Elgin IL 60120-5555 MAP ATTACHED PAGES: 8 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT made and entered into this Pb day of Gifyt , 2009, by and between the City of Elgin, an Illinois municipal corporation, (hereinafter referred to as the "City"), and Otter Creek, LLC, an Illinois limited liability company, (hereinafter referred to as the "Grantor"). WITNESSETH WHEREAS, Grantor owns the real property depicted on Exhibit A, attached hereto and incorporated herein by this reference, commonly known as 200-268 South Randall Road,Elgin, Illinois,and having Permanent Index Number 06-20-227-001 (hereinafter referred to as the"Subject Property"); and, WHEREAS,the City desires to obtain a permanent easement from the Grantor for the purposes of constructing,maintaining,operating and repairing sanitary sewer lines and appurtenance related thereto over that portion of the Subject Property depicted by the area designated"Proposed 20' Easement for Sanitary Sewer"on Exhibit A and legally described on Exhibit B, attached hereto and incorporated herein by this reference(hereinafter referred to as the"Easement Premises"); and, WHEREAS,Grantor has agreed to grant such easements to the City for such purposes and pursuant to the terms and conditions of this Easement Agreement. NOW, THEREFORE, for and in consideration of Ten Dollars($10.00)in hand paid to Grantor,and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: - 1 - (3 1. That Grantor,being the owner of the Subject Property,does hereby grant to the City a permanent and exclusive easement to install,construct,operate,use,maintain,locate,upgrade, repair, service, remove or replace sewer lines, along with any appurtenances or facilities related thereto, within, over, under, along, across and through the Easement Premises. 2. That Grantor does hereby further grant to the City a temporary construction easement allowing access over, within, under, along, across and through, and use of the Subject Property for the purpose of constructing, installing, maintaining, operating or repairing said sewer line under and through the above-described Easement Premises. The temporary construction easement hereby granted shall be deemed terminated after the thirty-six(36)month period following the commencement of construction of the sewer line improvements within the Easement Premises. 3. That following the exercise by the City of any easement rights granted herein, the City shall promptly repair and restore the Easement Premises to the same condition as existed immediately prior to the existence of such rights as is reasonably practicable and shall leave the Easement Premises and surrounding premises free from debris. 4. That the City for itself,its agents and independent contractors,hereby agrees to indemnify and hold Grantor and its successors harmless from third party claims for personal injuries or property damage arising directly as a result of the City's work in the Easement Premises during construction or during any subsequent maintenance or repair thereof. The City further agrees to indemnify and hold harmless Grantor from any and all liens placed against the Easement Premises arising from said construction activities. 5. That the Grantor and its successors shall not construct any structures or buildings nor plant any trees on the Easement Premises nor undertake any other activities on the Easement Premises which unreasonably interfere with the City's intended use of the Easement Premises. 6. That no amendment,revision or modification hereof shall be effective unless it is in writing and signed by all parties hereto. - 2 - 7. That this Agreement constitutes the entire agreement between the parties and is intended as a complete and exclusive statement of the terms of the parties agreement, and it supersedes all prior and concurrent promises, representations, proposals, negotiations, discussions and agreements that may have been made in connection with the subject matter hereof. 8. That this Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. 9. That the City may utilize the services of third party contractors, employees or other agents to perform work in the Easement Premises. 10. That Grantor hereby represents and warrants to the City that it is the fee simple title holder of the Easement Premises and that it has the full power and authority to enter into and make the grant of easement as provided herein. 11. That this agreement shall be binding on the parties hereto,their successors and permitted assigns and shall run with the land. 12. That this agreement shall be recorded by the City at the City's cost with the Kane County Recorder. SIGNATURE PAGE TO FOLLOW - 3 - IN WITNESS WHEREOF,the parties have entered into and executed this Easement Agreement on the date and year first written above. CITY OF ELGIN OTTER CREEK, LLC By: arr 1. eZ_ By: May -54e(i v5 14lC. i p is Attest: Its: City Clerk Attest: F:\Legal Dept\Agreement\Easement-Allied District-Shales-Otter Creek Incentive Agr.doc - 4 - 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,Mayor, and Diane Robertson, City Clerk,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 and delivered the said instrument as their free and voluntary act for the uses and purposes therein set forth. Given under my hand an official seal, this day of April, 2009. Notary ubli "OfFLCIAL SEAL" MARY GIFFORT Notary puy date of Illinois STATE OF ILLINOIS ) MY Coon Expires 0611312012 COUNTY OF KANE ) I,the undersigned, a Notary Public,in and for said County,in the State aforesaid,do hereby certify that Stelios Aktipis is 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 he signed and delivered the said instrument as his free and voluntary act of the uses and purposes therein set forth. •Given under my hand an official seal, this o�'�day of March, 2009. Notary ' . • ! "O'FFICIAL SEAL" MARY FORT Careinieeilin rY Public,State of Illinois Expires 06/13/2012 - 5 - EXHIBIT A Plat of Easement, prepared by Alan J. Coulson, P.C., dated June 19, 2008, to be inserted. - 6 - 4 . EXHIBIT B A 20 FOOT EASEMENT DESCRIBED AS: A 20.0 FOOT EASEMENT IN LOT 11 IN DARLENE MCDERMOTT SUBDIVISION, BEING A SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION 16,PART OF THE SOUTHEAST QUARTER OF SECTION 17,PART OF THE NORTHEAST QUARTER OF SECTION 20,AND PART OF THE NORTHWEST QUARTER OF SECTION 21,ALL IN TOWNSHIP 41 NORTH,RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. THE CENTERLINE OF SAID EASEMENT DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 11 IN DARLENE MCDERMOTT SUBDIVISION; THENCE SOUTH 20 DEGREES 12 MINUTES 54 SECONDS WEST ALONG THE WESTERLY LINE OF SAID LOT 11, A DISTANCE OF 483.37 FEET TO AN ANGLE POINT ON THE WESTERLY LINE OF SAID LOT 11; THENCE SOUTH 09 DEGREES 06 MINUTES 16 SECONDS WEST ALONG SAID WESTERLY LINE, 436.72 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE OF SAID EASEMENT; THENCE SOUTH 80 DEGREES 53 MINUTES 44 SECONDS EAST,41.01 FEET; THENCE SOUTH 08 DEGREES 50 MINUTES 55 SECONDS WEST,328.28 FEET; THENCE SOUTH 30 DEGREES 26 MINUTES 54 SECONDS EAST, 199.51 FEET TO THE POINT OF TERMINATION,ALL IN KANE COUNTY,ILLINOIS. - 7 -